December 18, 1999 (Pages 6313-6442)

Pennsylvania Bulletin Volume 29 (1999) Repository

12-18-1999

Pennsylvania Legislative Reference Bureau

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Recommended Citation Pennsylvania Legislative Reference Bureau, "December 18, 1999 (Pages 6313-6442)" (1999). Volume 29 (1999). 51. https://digitalcommons.law.villanova.edu/pabulletin_1999/51

This December is brought to you for free and open access by the Pennsylvania Bulletin Repository at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Volume 29 (1999) by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. PENNSYLVANIA BULLETIN Volume 29 Number 51 Saturday, December 18, 1999 • Harrisburg, Pa. Pages 6313—6442 See Part II page 6409 for Part I the Department of Health’s Managed Care Organizations Agencies in this issue: Proposed Rulemaking The Courts Department of Agriculture Department of Banking Department of Environmental Protection Department of General Services Department of Health Department of Public Welfare Department of Revenue Department of Transportation Environmental Hearing Board Game Commission Independent Regulatory Review Commission Insurance Department Legislative Reference Bureau Liquor Control Board Pennsylvania Public Utility Commission Turnpike Commission Detailed list of contents appears inside.

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No. 301, December 1999

published weekly by Fry Communications, Inc. for the PENNSYLVANIA BULLETIN Commonwealth of Pennsylvania, Legislative Reference Bu- reau, 647 Main Capitol Building, State & Third Streets, (ISSN 0162-2137) Harrisburg, Pa. 17120, under the policy supervision and direction of the Joint Committee on Documents pursuant to Part II of Title 45 of the Pennsylvania Consolidated Statutes (relating to publication and effectiveness of Com- monwealth Documents). Subscription rate $82.00 per year, postpaid to points in the United States. Individual copies $2.50. Checks for subscriptions and individual copies should be made payable to ‘‘Fry Communications, Inc.’’ Postmaster send address changes to: Periodicals postage paid at Harrisburg, Pennsylvania. Orders for subscriptions and other circulation matters FRY COMMUNICATIONS should be sent to: Attn: Pennsylvania Bulletin 800 W. Church Rd. Fry Communications, Inc. Mechanicsburg, Pennsylvania 17055-3198 Attn: Pennsylvania Bulletin (717) 766-0211 ext. 2340 800 W. Church Rd. (800) 334-1429 ext. 2340 (toll free, out-of-State) Mechanicsburg, PA 17055-3198 (800) 524-3232 ext. 2340 (toll free, in State)

Editorial preparation, composition, printing and distribution of the Pennsylvania Bulletin is effected on behalf of the Commonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 W. Church Road, Mechanicsburg, Pennsylvania 17055-3198. 6315 Contents THE COURTS DEPARTMENT OF ENVIRONMENTAL PROTECTION Notices APPELLATE PROCEDURE Applications, actions and special notices...... 6345 Proposed amendments to Pa.R.A.P. 341 and Or- Availability of technical guidance ...... 6375 phans Court Rules 7.1 and 7.2; revised joint Coal mining: water supply replacement and bond recommendation 98-1 ...... 6325 release ...... 6375 CIVIL PROCEDURE RULES DEPARTMENT OF GENERAL SERVICES Amendment of Rule 4001(d) governing discovery; Notices no. 327; doc. No. 5 ...... 6327 Contract awards ...... 6405 Proposed amendments to Pa.R.A.P. 341 and Or- State contracts information...... 6396 phans Court Rules 7.1 and 7.2; revised joint DEPARTMENT OF HEALTH recommendation 98-1 ...... 6325 Proposed Rulemaking JUDICAL CONDUCT Managed care organizations (Part II)...... 6442 Amendment to the rules of procedure of the court of DEPARTMENT OF PUBLIC WELFARE judicial discipline; doc. No. 1 JD 94 ...... 6324 Statements of Policy Internal operating procedures of the court of judicial Release of children from day care ...... 6341 discipline; doc. No 1 JD 94 ...... 6324 Rule 501, appointment of panel; doc no. 1 JD 94 ....6324 Notices Expansion of the Long Term Care Capitated Assist- LOCAL COURT RULES ance Program; request for information ...... 6376 Delaware County Payments to nursing facilities October 1, 1999 final Amendment of rule of civil procedure 400.1 govern- rates ...... 6376 ing service of original process and other legal DEPARTMENT OF REVENUE papers; misc. doc. no. 90-18200 ...... 6333 Amendment of rule of criminal procedure Notices 4006(c)(3)(d) governing bail conditions; misc. doc. Interest rate notice ...... 6377 no. 90-18200...... 6333 Pennsylvania $30,000 clubs ...... 6377 Luzerne County DEPARTMENT OF TRANSPORTATION Adoption of rules of criminal procedure; no. Notices 1868-99 ...... 6334 Bradford County finding ...... 6378 Retention of engineering firms...... 6379 Schuylkill County Termination of inactive cases; S-2339-99...... 6336 ENVIRONMENTAL HEARING BOARD Notices MINOR COURT CIVIL RULES Nazareth Borough Municipal Authority v. DEP; Emergency relief under the Protection from Abuse EHB doc. no. 99-240-K ...... 6384 Act...... 6331 Judgements appealed to court of common pleas .....6329 GAME COMMISSION Service of civil documents by certified constables . . . 6327 Proposed Rulemaking SUPREME COURT Deer control permits ...... 6340 Transfer of positions and employes to the unified INDEPENDENT REGULATORY REVIEW judicial system of Pennsylvania under Act 12 of COMMISSION 1999; no. 215 judicial administration doc. Notices no.1...... 6336 Actions taken by the Commission ...... 6384 Notice of comments issued ...... 6385 Notice of filing of final rulemakings ...... 6388 EXECUTIVE AGENCIES INSURANCE DEPARTMENT DEPARTMENT OF AGRICULTURE Notices Notices Allstate Insurance Company; private passenger au- Agricultural Advisory Board; cancellation of meet- tomobile insurance program; revised rules, rates ing...... 6342 and rating plans ...... 6388 Land Trust Reimbursement Grant Program ...... 6342 Application and request for approval to redomesticate...... 6388 DEPARTMENT OF BANKING Highmark Inc., d/b/a Highmark Blue Cross Blue Notices Shield, d/b/a Pennsylvania Blue Shield; filing No. Action on applications...... 6344 99090000...... 6389

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6316

LEGISLATIVE REFERENCE BUREAU TURNPIKE COMMISSION Notices Notices Documents filed but not published ...... 6389 Retention of an aerial photogrammetric mapping firm for an open end contract...... 6391 LIQUOR CONTROL BOARD Retention of an engineering or construction manage- Rules and Regulations ment firm ...... 6392 Vendor registration and New Year’s Eve meal pack- Retention of two surveying firms ...... 6394 age...... 6337 PENNSYLVANIA PUBLIC UTILITY COMMISSION Notices GTE North Incorporated and Sprint Spectrum L.P.—telecommunications...... 6390 Investigation into the year 2000 compliance by public utilities; doc. I-00980076; default orders re: complaints filed by the Law Bureau Prosecutory Staff ...... 6389 Service of notice of motor carrier applications...... 6390

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6317 READER’S GUIDE TO THE PENNSYLVANIA BULLETIN AND PENNSYLVANIA CODE Pennsylvania Bulletin Bulletin before it can take effect. If the agency The Pennsylvania Bulletin is the official gazette of wishes to adopt changes to the Notice of Proposed the Commonwealth of Pennsylvania. It is published Rulemaking to enlarge the scope, they must re- every week and includes a table of contents. A propose. cumulative subject matter index is published quar- Citation to the Pennsylvania Bulletin terly. Cite material in the Pennsylvania Bulletin by The Pennsylvania Bulletin serves several pur- volume number and page number. Example: Volume poses. First, it is the temporary supplement to the 1, Pennsylvania Bulletin, page 801 (short form: 1 Pennsylvania Code, which is the official codification Pa.B. 801). of agency rules and regulations and other statuto- Pennsylvania Code rily authorized documents. Changes in the codified text, whether by adoption, amendment, repeal or The Pennsylvania Code is the official codification emergency action must be published in the Pennsyl- of rules and regulations issued by Commonwealth vania Bulletin. Further, agencies proposing changes agencies and other statutorily authorized docu- to the codified text do so in the Pennsylvania ments. The Pennsylvania Bulletin is the temporary Bulletin. supplement to the Pennsylvania Code, printing changes as soon as they occur. These changes are Second, the Pennsylvania Bulletin also publishes: then permanently codified by the Pennsylvania Governor’s Executive Orders; State Contract No- Code Reporter, a monthly, loose-leaf supplement. tices; Summaries of Enacted Statutes; Statewide and Local Court Rules; Attorney General Opinions; The Pennsylvania Code is cited by title number Motor Carrier Applications before the Public Utility and section number. Example: Title 10 Pennsylva- Commission; Applications and Actions before the nia Code, § 1.1 (short form: 10 Pa.Code § 1.1). Department of Environmental Protection; Orders of Under the Pennsylvania Code codification system, the Independent Regulatory Review Commission; each regulation is assigned a unique number by and other documents authorized by law. title and section. Titles roughly parallel the organization of Commonwealth government. Title 1 Penn- The text of certain documents published in the sylvania Code lists every agency and its correspond- Pennsylvania Bulletin is the only valid and enforce- ing Code title location. able text. Courts are required to take judicial notice of the Pennsylvania Bulletin. How to Find Documents Adoption, Amendment or Repeal of Search for your area of interest in the Pennsylva- Regulations nia Code. The Pennsylvania Code contains, as Finding Aids, Generally an agency wishing to adopt, amend or subject indexes for the complete Code and for each repeal regulations must first publish in the Pennsyl- individual title, a list of Statutes Used As Authority vania Bulletin a Notice of Proposed Rulemaking. for Adopting Rules and a list of annotated cases. There are limited instances where the agency may Source Notes give you the history of the documents. omit the proposal step; they still must publish the To see if there have been recent changes, not yet adopted version. codified, check the List of Pennsylvania Code Chap- The Notice of Proposed Rulemaking contains the ters Affected in the most recent issue of the Penn- full text of the change, the agency contact person, a sylvania Bulletin. fiscal note required by law and background for the The Pennsylvania Bulletin also publishes a quar- action. terly List of Pennsylvania Code Sections Affected The agency then allows sufficient time for public which lists the regulations in numerical order, comment before taking final action. An adopted followed by the citation to the Pennsylvania Bulle- proposal must be published in the Pennsylvania tin in which the change occurred.

SUBSCRIPTION INFORMATION: (717) 766-0211 GENERAL INFORMATION AND FINDING AIDS: (717) 783-1530

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6318

Printing Format Material proposed to be added to an existing rule or regulation is printed in bold face and material proposed to be deleted from such a rule or regulation is enclosed in brackets []and printed in bold face. Asterisks indicate ellipsis of Pennsylvania Code text retained without change. Proposed new or additional regulations are printed in ordinary style face.

Fiscal Notes Section 612 of The Administrative Code of 1929 (71 P. S. § 232) requires that the Office of Budget prepare a fiscal note for regulatory actions and administrative procedures of the administrative departments, boards, commissions or authorities receiving money from the State Treasury stating whether the proposed action or procedure causes a loss of revenue or an increase in the cost of programs for the Commonwealth or its political subdivisions; that the fiscal note be published in the Pennsylvania Bulletin at the same time as the proposed change is advertised; and that the fiscal note shall provide the following information: (1) the designation of the fund out of which the appropriation providing for expenditures under the action or procedure shall be made; (2) the probable cost for the fiscal year the program is implemented; (3) projected cost estimate of the program for each of the five succeeding fiscal years; (4) fiscal history of the program for which expenditures are to be made; (5) probable loss of revenue for the fiscal year of its implementation; (6) projected loss of revenue from the program for each of the five succeeding fiscal years; (7) line item, if any, of the General Appropriation Act or other appropriation act out of which expenditures or losses of Commonwealth funds shall occur as a result of the action or procedures; (8) recommendation, if any, of the Secretary of the Budget and the reasons therefor. The required information is published in the foregoing order immediately following the proposed change to which it relates; the omission of an item indicates that the agency text of the fiscal note states that there is no information available with respect thereto. In items (3) and (6) information is set forth for the first through fifth fiscal years; in that order, following the year the program is implemented, which is stated. In item (4) information is set forth for the current and two immediately preceding years, in that order. In item (8) the recommendation, if any, made by the Secretary of Budget is published with the fiscal note. See 4 Pa. Code § 7.231 et seq. Where ‘‘no fiscal impact’’ is published, the statement means no additional cost or revenue loss to the Commonwealth or its local political subdivision is intended.

Reproduction, Dissemination or Publication of Information Third parties may not take information from the Pennsylvania Code and Pennsylvania Bulletin and reproduce, disseminate or publish such information except as provided by 1 Pa. Code § 3.44. 1 Pa. Code § 3.44 reads as follows:

§ 3.44. General permission to reproduce content of Code and Bulletin. Information published under this part, which information includes, but is not limited to, cross references, tables of cases, notes of decisions, tables of contents, indexes, source notes, authority notes, numerical lists and codification guides, other than the actual text of rules or regulations may be reproduced only with the written consent of the Bureau. The information which appears on the same leaf with the text of a rule or regulation, however, may be incidentally reproduced in connection with the reproduction of the rule or regulation, if the reproduction is for the private use of a subscriber and not for resale. There are no other restrictions on the reproduction of information published under this part, and the Commonwealth hereby consents to a reproduction.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6319 List of Pa. Code Chapters Affected

The following numerical guide is a list of the chapters of each title of the Pennsylvania Code affected by documents published in the Pennsylvania Bulletin during 1999.

1 Pa. Code (General Provisions) 12 Pa. Code (Community and Economic Development) Adopted Rules Proposed Statements of Policy 101...... 3349 31...... 1725 201...... 3349 301...... 3349 Statements of Policy 303...... 3349 31...... 2859 305...... 3349 123...... 4877 307...... 3349 309...... 3349 16 Pa. Code (Community Affairs) 311...... 3349 Proposed Rulemaking 313...... 3349 45...... 3895, 4443 315...... 3349 22 Pa. Code (Education) Proposed Rulemaking Adopted Rules 101...... 980 3 ...... 399 201...... 980 4 ...... 399 301...... 980 5 ...... 399 303...... 980 6 ...... 399 305...... 980 49 (with correction) ...... 4954, 5289 307...... 980 309...... 980 Proposed Rulemaking 311...... 980 354...... 3363 313...... 980 315...... 980 25 Pa. Code (Environmental Protection) Adopted Rules 4 Pa. Code (Administration) 72...... 5088 Adopted Rules 86...... 5289 5 ...... 2570, 2762 89...... 5389 6 ...... 2572, 4049 93 (with corrections) ...... 3720, 4063, 4350, 5999 7 ...... 806, 3066 95...... 3720 116...... 3201, 4350 109...... 2231 117...... 3205 121 (with correction) ...... 1879, 5089, 5389, 6003, 6241 126 (with correction) ...... 5089, 5389 Proposed Rulemaking 129...... 1879, 1889, 6003 120b ...... 1719 139 (with correction) ...... 5089, 5389 120c ...... 1721 260...... 2367 120d ...... 1717 260a (with correction) ...... 2367, 2576 261...... 2367 Statements of Policy 261a ...... 2367 9 ...... 207, 457, 574, 1230, 2034, 2302, 2681, 262...... 2367 3216, 3633, 4072, 4174, 4455, 4877, 262a ...... 2367 5107, 5616, 5733, 6120 263...... 2367 263a ...... 2367 6 Pa. Code (Aging) 264...... 2367 Proposed Rulemaking 264a ...... 2367 15...... 6010 265...... 2367 265a ...... 2367 7 Pa. Code (Agriculture) 266...... 2367 Adopted Rules 266a ...... 2367 76...... 5069 266b ...... 2367 143...... 4952 267...... 2367 149...... 4952 268a ...... 2367 269...... 2367 Proposed Rulemaking 269a ...... 2367 130c ...... 1496 270...... 2367 130d ...... 1496 270a ...... 2367 151...... 3215 901...... 3839 1021 ...... 4683 Statements of Policy 137a ...... 3072 Proposed Rulemaking 16...... 4872 10 Pa. Code (Banks and Banking) 72...... 979 Statements of Policy 86...... 548 21...... 3000 91...... 2145

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92...... 455, 4872 1107...... 4695 93...... 455, 4872 1109...... 4695 95...... 455, 4872 1111 ...... 4695 96...... 4872 1113...... 4695 97...... 2145, 4872 Unclassified ...... 4064 101...... 2145 121...... 1214, 1299, 4661 Statements of Policy 123...... 1214, 1319 911...... 5109 129...... 1299, 4661 139...... 1299 31 Pa. Code (Insurance) 145...... 1319 Adopted Rules 261...... 1975 62...... 5511 266...... 1975 65...... 4864 287...... 1975 84...... 3208 298...... 1975 84a...... 4865 901...... 647 89...... 172 1021 ...... 1074, 1214, 1612 125...... 3209 28 Pa. Code (Health and Safety) Adopted Rules Proposed Rulemaking 8 ...... 3841 25...... 5391 201...... 3999 62...... 655 203...... 3999 89...... 650 205...... 3999 113...... 4446 207...... 3999 116...... 4353 209...... 3999 154...... 4064 211...... 3999 301...... 4064 551...... 5583 553...... 5583 Statements of Policy 555...... 5583 38...... 3085 557...... 5583 68...... 4076 559...... 5583 561...... 5583 34 Pa. Code (Labor & Industry) 563...... 5583 Adopted Rules 565...... 5583 121...... 2649 567...... 5583 569...... 5583 Proposed Rulemaking 571...... 5583 123...... 3161 573...... 5583 125...... 3161 912...... 5093 129...... 3161 1101...... 3841 1103...... 3841 37 Pa. Code (Law) 1105...... 3841 Proposed Rulemaking 1107...... 3841 93...... 1513 1109...... 3841 95...... 1504 1111 ...... 3841 1113...... 3841 40 Pa. Code (Liquor) Adopted Rules Proposed Rulemaking 3 ...... 6337 4 ...... 2671 11...... 6337 9 ...... 6409 18...... 820 13...... 6337 701...... 5835 Proposed Rulemaking 705...... 5835 3 ...... 5301 709...... 5835 711...... 5835 5 ...... 5301 713...... 5835 7 ...... 5301 911...... 332 9 ...... 5301 912...... 332 11...... 5301 1001 ...... 903 13...... 5301 1003 ...... 903 1005 ...... 903 49 Pa. Code (Professional and Vocational Standards) 1007 ...... 903 Adopted Rules 1009 ...... 903 5 ...... 2294 1011...... 903 7 ...... 4783 1013 ...... 903 15...... 2295 1015 ...... 903 31...... 1392 1101...... 4695 36...... 1393, 1610 1103...... 4695 37...... 2857 1105...... 4695 41...... 2296

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Proposed Rulemaking 168...... 271 3 ...... 5521 181...... 4784 9 ...... 4170 183...... 271 11...... 1613, 4448 3040 ...... 271, 6242 15...... 4355 3130 ...... 3295 18...... 5101 3480 ...... 3513 19...... 5105 3490 ...... 3513 21...... 2299, 5101 3680 ...... 3295 23...... 2300 3710 ...... 3295 25...... 1613 3800 ...... 3295 27...... 1088 3810 ...... 3295 31...... 1897 5310 ...... 3295 33...... 1895 6400 ...... 3295 35...... 565, 4171, 4451 36...... 5727 Proposed Rulemaking 37...... 1897 258...... 3888 39...... 662, 2582 40...... 1615 Statements of Policy 41...... 2145 1101...... 5622 42...... 1896, 3070 1187...... 3218 43b...... 4437 3270 ...... 6341 47...... 1897 3280 ...... 6341 3290 ...... 6341 Statements of Policy 39...... 1617 58 Pa. Code (Recreation) Adopted Rules 51 Pa. Code (Public Officers) 51...... 3210 Adopted Rules 53...... 1068 31...... 3868 57...... 5717 33...... 3868 61...... 819, 3626, 4561, 5717 35...... 3868 63...... 2298, 3211, 3212, 3629, 5717, 5719 37...... 3868 65...... 1069, 3210, 3212, 3626, 5717, 5719, 5720, 5722 39...... 3868 69...... 5722 41...... 3868 75...... 819, 3210, 4869 43...... 3868 91 (correction) ...... 3213, 3362 45...... 3868 93...... 1068, 5717 97...... 5717 Proposed Rulemaking 109...... 1068 31...... 548 111 (correction) ...... 1070, 3210, 5723, 5834 33...... 548 115 (correction) ...... 5723, 5834 35...... 548 131...... 4351 37...... 548 133...... 1071 39...... 548 135...... 3734, 4351 41...... 548 139 (with correction) ...... 2454, 2576, 2999 43...... 548 141...... 2458, 3886 45...... 548 143 (with correction) ...... 2458, 2577, 4562 145...... 1071 52 Pa. Code (Public Utilities) 147...... 1071, 1072, 6112 Adopted Rules 163...... 5094 57...... 2667 165...... 5094 59...... 2667 Proposed Rulemaking Proposed Rulemaking 53...... 5098, 6257 51...... 1224, 6116 57...... 2025 53...... 5725 59...... 1515 61...... 1085, 5725 64...... 2779 63...... 205, 822, 823, 1397, 4442, 5725 Unclassified ...... 1895 65...... 823, 1224, 3631, 4442, 5725, 6116 69...... 3369 Statements of Policy 75...... 1087, 1515 41...... 5616 93...... 5725 69...... 2034, 2147, 2495, 5616 97...... 5725 99...... 2680 Proposed Statements of Policy 111...... 1224, 3370 41...... 1617 115...... 3370 69...... 1617 117...... 2678, 4064, 5521 131...... 2578 55 Pa. Code (Public Welfare) 135...... 2578, 2581 Adopted Rules 139...... 1225, 1397 140...... 4784 141...... 1398, 2580. 6118 155...... 5390 143...... 1398, 6118 165...... 271 147...... 4169, 6340

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Statements of Policy 10...... 2460 41...... 4696 21...... 2460 35...... 2460 61 Pa. Code (Revenue) Adopted Rules Statement of Policy 93...... 6112 39...... 2460 94...... 6112 101...... 6249 201 Pa. Code (Rules of Judicial Administration) 103...... 6249 Adopted Rules 109...... 6249 3 ...... 3713 113...... 6249 5 ...... 3189 117...... 6249 7 ...... 2766 121...... 6249 50...... 1709 155...... 6249 204 Pa. Code (Judicial System General Provisions) Proposed Rulemaking Adopted Rules 31...... 3738 29...... 3833 55...... 3736 71...... 2143, 2855, 6236 60...... 3736 82...... 809 160...... 4873 91...... 2021, 4053 93...... 4053 Statements of Policy 101...... 4941 9 ...... 4459 103...... 4941 94...... 2037 211...... 3834 125...... 2037 215...... 977, 4053

64 Pa. Code (Securities) Proposed Rulemaking Adopted Rules 83...... 2663 202 (with correction) ...... 202, 547 206 (with correction) ...... 202, 547 207 Pa. Code (Judicial Conduct) 302 (with correction) ...... 202, 547 Adopted Rules 606 (with correction) ...... 202, 547 1 ...... 6324 609 (with correction) ...... 202, 547 5 ...... 1487, 6324 610 (with correction) ...... 202, 547 21...... 645, 6324 33...... 4535, 6236 Proposed Rulemaking 202...... 3898 210 Pa. Code (Appellate Procedure) 203...... 3898 Adopted Rules 204...... 3898 21...... 544 205...... 3898 35...... 544 207...... 3898 39...... 1487 209...... 3898 67...... 1360, 5064 211...... 3898 504...... 3898 Proposed Rulemaking 603...... 3898 3 ...... 1709, 2766, 6325 606...... 3898 5 ...... 2441 609...... 3898 9 ...... 2441 15...... 2441 67 Pa. Code (Transportation) 21 (with correction) ...... 2441, 2767 Adopted Rules 175...... 2460, 2577 225 Pa. Code (Rules of Evidence) Adopted Rules Proposed Rulemaking Unclassified ...... 1712 17...... 3894 173...... 1612 Proposed Rulemaking 175...... 1612, 3894 Article I...... 2262 445...... 5515 Article IV ...... 2263 453...... 5098 Article VI ...... 2262, 2264 491...... 5515 Article VIII...... 2265 601...... 4968 231 Pa. Code (Rules of Civil Procedure) 70 Pa. Code (Weights, Measures and Standard) Adopted Rules 1 ...... 2460 100...... 2266, 2767 2 ...... 2460 200...... 449, 2266, 2767, 3189, 5918 3 ...... 2460 400...... 2767, 3189, 3191, 4859 4 ...... 2460 1000 ...... 2266, 2767, 3191, 4859 5 ...... 2460 1300 ...... 2266, 3191, 4859 6 ...... 2460 1500 ...... 2274 7 ...... 2460 1600 ...... 2274 8 ...... 2460 1650 ...... 2274 9 ...... 2460 1700 ...... 2274

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6323

1910 (with correction) ...... 16, 645, 2767, 3191, 4859 11...... 1360 1930 ...... 2767 20...... 1360, 2664, 4425, 4536 1940 ...... 5820 30...... 1360 2000 ...... 2274 50...... 1360, 1385, 2770, 4347, 4859 2020 ...... 2274 100...... 1360, 2444, 4426, 4536 2054 ...... 2767 200...... 1360, 2444 2120 ...... 2274 300...... 1360, 2444, 4425 2200 ...... 2274 1100...... 1360, 2444, 4430 2220 ...... 2274 1400 ...... 1360 2250 ...... 2274 1500 ...... 1360 2300 ...... 2274, 3191, 4859 1600 ...... 1360 2320 ...... 2274 1700 ...... 1360 2350 ...... 2274 2000 ...... 1360, 4426 2950 ...... 2767, 3191, 4859 4000 ...... 1360 2970 ...... 1715, 2767, 3191, 4859 6000 ...... 1360, 2444 2980 ...... 2274 9000 ...... 1360 3000 ...... 2281, 2767, 3191, 4859 4000 ...... 1715, 2281, 2767, 6327 237 Pa. Code (Juvenile Rules) Part II ...... 327, 329, 1494 Statements of Policy 201...... 3633 Proposed Rulemaking 100...... 5710 246 Pa. Code (Minor Court Civil Rules) 200...... 15, 168, 169 Adopted Rules 400...... 169 100...... 3198 1000 ...... 3714 300...... 3198 1910 ...... 1487 Proposed Rulemaking Part II ...... 1709, 2766, 6325 200...... 6327 234 Pa. Code (Rules of Criminal Procedure) 300...... 6327, 6329 Adopted Rules 400...... 6327, 6329 20...... 5505 500...... 6327, 6329 50...... 2774, 2776, 3716, 4542 800...... 6327 100...... 5505 1000 ...... 6329 300...... 4055 1200 ...... 6331 350...... 3069 249 Pa. Code (Philadelphia Rules) 1100...... 2289, 2777, 6102 Unclassified ...... 544, 545, 2964, 5710, 5996, 6103, 6238 1400 ...... 3835, 4058 1500 ...... 4165 252 Pa. Code (Allegheny County Rules) 4000 ...... 4860 Unclassified ...... 17, 1387 Proposed Rulemaking 255 Pa. Code (Local Court Rules) 1 ...... 1360, 4536 Unclassified ...... 19,24, 171, 330, 449, 453, 454, 809, 2 ...... 1360 977, 978, 1067, 1388, 1389, 1390, 1495, 1853, 3 ...... 1360 1873, 2143, 2575, 2855, 2995, 2996, 2997, 3069, 4 ...... 1360 3199, 3348, 3622, 3719, 4060, 4168, 4348, 4349, 5 ...... 1360 4432, 4433, 4434, 4435, 4436, 4543, 4544, 4558, 6 ...... 1360 4559, 4678, 4679, 4680, 4781, 4862, 4863, 4942, 7 ...... 1360 4947, 4948, 4949, 4950, 5065, 5067, 5288, 5388, 8 ...... 1360 5712, 5715, 5822, 5831, 5832, 5921, 5920, 5996, 9 ...... 1360 6110, 6333, 6334, 6336 10...... 1360

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 PENNSYLVANIA BULLETIN

Volume 29 Number 51 Saturday, December 18, 1999 • Harrisburg, Pa.

Part II

This part contains the Department of Health’s Managed Care Organizations Proposed Rulemaking

PRINTED ON 100% RECYCLED PAPER published weekly by Fry Communications, Inc. for the PENNSYLVANIA BULLETIN Commonwealth of Pennsylvania, Legislative Reference Bu- reau, 647 Main Capitol Building, State & Third Streets, (ISSN 0162-2137) Harrisburg, Pa. 17120, under the policy supervision and direction of the Joint Committee on Documents pursuant to Part II of Title 45 of the Pennsylvania Consolidated Statutes (relating to publication and effectiveness of Com- monwealth Documents). Subscription rate $82.00 per year, postpaid to points in the United States. Individual copies $2.50. Checks for subscriptions and individual copies should be made payable to ‘‘Fry Communications, Inc.’’ Second class postage paid at Harrisburg, Pennsylvania. Postmaster send address changes to: Orders for subscriptions and other circulation matters FRY COMMUNICATIONS should be sent to: Attn: Pennsylvania Bulletin Fry Communications, Inc. 800 W. Church Rd. Attn: Pennsylvania Bulletin Mechanicsburg, Pennsylvania 17055-3198 800 W. Church Rd. (717) 766-0211 ext. 2340 Mechanicsburg, PA 17055-3198 (800) 334-1429 ext. 2340 (toll free, out-of-State) (800) 524-3232 ext. 2340 (toll free, in State) Copyright ௠ 1999 Commonwealth of Pennsylvania ISBN 0-8182-0004-9 Editorial preparation, composition, printing and distribution of the Pennsylvania Bulletin is effected on behalf of the Commonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 W. Church Road, Mechanicsburg, Pennsylvania 17055-3198. 6324 THE COURTS That Court Administrator Wanda W. Sweigart provide Title 207—JUDICIAL for the publication of the Amendment in the Pennsylvania CONDUCT Bulletin, and That interested parties shall submit suggestions, com- PART IV. COURT OF JUDICIAL DISCIPLINE ments, or objections no later than thirty days from the publication of this Order in that Bulletin. [207 PA. CODE CH. 1] Annex A Amendment to the Rules of Procedure of the Court of Judicial Discipline; Doc. No. 1 JD 94 TITLE 207. JUDICIAL COURT PART IV. COURT OF JUDICIAL DISCIPLINE Per Curiam CHAPTER 5. TRIAL PROCEDURES Order Rule 501. Appointment of Panel. And Now, this 3rd day of December, 1999, the Court, ***** pursuant to Article 5, Section 18(b)(4) of the Constitution (B) The Panel shall consist of no fewer than three of Pennsylvania, having adopted a proposed amendment members of the Court, [ at least ] one of whom shall be to Rule of Procedure No. 102 (Panel), as more specifically a non-lawyer elector, and one of whom shall be hereinafter set forth, It Is Hereby Ordered: [ ] the Conference Judge, appointed pursuant to Rule 301(B), That Court Administrator Wanda W. Sweigart provide and, whenever possible, one of whom shall be a for the publication of the Amendment in the Pennsylvania non-lawyer elector. Bulletin, and [Pa.B. Doc. No. 99-2118. Filed for public inspection December 17, 1999, 9:00 a.m.] That interested parties shall submit suggestions, comments, or objections no later than thirty days from the publication of this Order in that Bulletin. Annex A PART IV. COURT OF JUDICIAL DISCIPLINE TITLE 207. JUDICIAL CONDUCT [207 PA. CODE CH. 21] PART IV. COURT OF JUDICIAL DISCIPLINE Internal Operating Procedures of the Court of ARTICLE I. PRELIMINARY PROVISIONS Judicial Discipline; Doc. No. 1 JD 94 CHAPTER 1. GENERAL PROVISIONS Per Curiam IN GENERAL Order Rule 102. Definitions. And Now, this 6th day of December, 1999, the Court, The following words and phrases when used in these pursuant to Article 5, Section 18(b)(4) of the Constitution rules shall have the following meanings, unless the of Pennsylvania, having adopted Section 110 of the context or subject matter otherwise requires: Internal Operating Procedures, as more specifically hereinafter set forth, It Is Hereby Ordered: ***** That Section 110 of the Internal Operating Procedures Panel is a group of no fewer than three members of shall become effective immediately. the Court appointed by the President Judge [ to act on Annex A behalf of the Court, one of whom is a member of the bar of the Supreme Court of Pennsylvania and one TITLE 207. JUDICIAL CONDUCT of whom is a non-lawyer elector ]. PART IV. COURT OF JUDICIAL DISCIPLINE ***** ARTICLE IV. INTERNAL OPERATING [Pa.B. Doc. No. 99-2117. Filed for public inspection December 17, 1999, 9:00 a.m.] PROCEDURES CHAPTER 21. INTERNAL OPERATING PROCEDURES GENERAL PROVISIONS PART IV. COURT OF JUDICIAL DISCIPLINE § 110. Recusal. [207 PA. CODE CH. 5] Recusal is an official means by which a member may disqualify himself or herself from participating Rule 501, Appointment of Panel; Doc. No. 1 JD 94 in a pending matter. In this regard members shall be guided by Rule 5(C) of the Rules Governing the Order Conduct of Members of the Court of Judicial Disci- pline, pertaining to disqualification. When a mem- And Now, this 3rd day of December, 1999, the Court, ber determines that he or she must recuse them- pursuant to Article 5, Section 18(b)(4) of the Constitution selves from participation in a pending matter, they of Pennsylvania, having adopted a proposed amendment shall submit to the Court Administrator a memo to Rule of Procedure No. 501(B), as more specifically indicating that they have recused themselves from hereinafter set forth, It Is Hereby Ordered: participating in the pending matter. Such memo is

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 THE COURTS 6325 necessary even if the member has officially recused Following review of comments from the Bench, Bar and himself or herself during the course of a Court court administrators, the Orphans’ Court Procedural proceeding. The memo need not specify the reasons Rules Committee at its meeting on July 22, 1999 and the for recusal. Appellate Court Procedural Rules Committee at its Octo- [Pa.B. Doc. No. 99-2119. Filed for public inspection December 17, 1999, 9:00 a.m.] ber 22, 1999 meeting recommended republication with the following changes to the Joint Recommendation: 1. Proposed new subdivision (f) to Rule 341 is moved to Rule 342 of the Rules of Appellate Procedure. Since orders determining an interest in personalty, realty or the status of individuals are not true final orders because Title 210—APPELLATE they do not dispose of all claims and all parties, see Rule 341, the Committee determined that Rule 342 was the PROCEDURE appropriate location for an exception to the strict finality requirement for Orphans’ Court orders. Following receipt PART I. RULES OF APPELLATE PROCEDURE of comments from the Bench and Bar, the Committees are [210 PA. CODE CH. 3] satisfied that the orderly administration of estates requires a vehicle for immediate appeal once certain interests are determined. The Committees received no criti- Title 231—RULES OF cism of such an exception. Rule 342 had previously permitted appeals from nonfinal orders of distribution CIVIL PROCEDURE upon a determination of the Orphans’ Court that the order is sufficiently definite to determine the substantial PART II. ORPHANS’ COURT RULES issues between the parties. The original Joint Recommen- [231 PA. CODE PART II] dation had recommended deletion of Rule 342 in its entirety. The revised Joint Recommendation retains the Proposed Amendments to Pa.R.A.P. 341 and Or- right of the Orphans’ Court to determine finality as to phans’ Court Rules 7.1 and 7.2; Revised Joint nonfinal orders of distribution. Following an informal Recommendation 98-1 work session with interested Orphans’ Court judges, the consensus was that nonfinal orders of distribution should The Appellate Court Procedural Rules Committee and continue to result in an immediate appeal. the Orphans’ Court Procedural Rules Committee have The Committees rejected several comments suggesting determined to publish for comment its revised proposals that the scope of the proposed amendment should be to amend Rule 341 of the Pennsylvania Rules of Appellate expanded to include orders ‘‘impacting’’ on realty, person- Procedure, together with Rule 7.1 of the Orphans’ Court alty or individual rights. The Committees agreed to Rules. The amendments are being submitted to the Bench recommend that only orders ‘‘determining’’ such rights be and Bar for comments and suggestions prior to their immediately appealable. submission to the Supreme Court. All references to a standard for a determination of All communications in reference to the proposed finality were previously deleted and the Orphans’ Court amendments should be sent not later than February 15, Procedural Rules Committee recommended that the Or- 2000 to the Appellate Court Procedural Rules Committee phans’ Court have sole discretion to determine finality or the Orphans’ Court Procedural Rules Committee, P. O. under the proposed amendment to Rule 342. Nothing in Box 447, Ridley Park, PA 19078-0447. this proposed amendment limits the right of a party to The Revised Explanatory Comment which appears in seek leave to appeal pursuant to subdivision (c) of Rule connection with these proposed amendments has been 341 or pursuant to Rules 311, 312, 313 or 1311. Also, inserted by the Committee for the convenience of the nothing in the proposed amendment to Rule 342 is Bench and Bar. It will not constitute part of the rules nor intended to preclude a party from an appeal pursuant to will it be officially adopted or promulgated by the Court. Rule 341(b) where an Orphans’ Court order ends a case The original Joint Recommendation 98-1 and Explanatory as to all claims or parties. Comment was published in the Pennsylvania Bulletin on 2. Following review of comments, the Orphans’ Court April 3, 1999 at Vol. 29, pages 1709-1712 with a revision Procedural Rules Committee has proposed that the origi- appearing on May 29, 1999 in Vol. 29, page 2766. nal proposed amendment to Orphans’ Court Rule 7.1 be By the Appellate Court Procedural Rules Committee modified to make exceptions optional with the aggrieved party. This optional exceptions practice would apply state- HONORABLE JOSEPH M. AUGELLO, wide. The original Joint Recommendation had proposed a Chair rule of statewide application mandating exceptions to By the Orphans’ Court Procedural Rules Committee preserve issues statewide. Current Rule 7.1 permits local HONORABLE JANE CUTLER GREENSPAN, courts to prescribe if exceptions are required. Chair Under the proposed revision, an aggrieved party would Explanatory Comment—Revised Joint have the option of filing exceptions to an order that would Recommendation 98-1 otherwise be final or taking an immediate appeal. Failure to file exceptions would not result in waiver of issues on On April 3, 1999, the Orphans’ Court Procedural Rules appeal. This is analogous to the practice under the Committee and the Appellate Court Procedural Rules Pennsylvania Rules of Criminal Procedure and under the Committee published for comment Joint Recommendation Federal Rules of Procedure. It is generally agreed that 98-1 addressing the related issues of exceptions practice exceptions are rarely granted and that the goals of in the Orphans’ Court and finality for purposes of appeal judicial economy and finality are best achieved if excep- with respect to Orphans’ Court orders, decrees and tions are limited to those cases in which an aggrieved adjudications. party perceives a realistic possibility that the trial court

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6326 THE COURTS is inclined to change its mind. It should be noted that the TITLE 231. RULES OF CIVIL PROCEDURE idea of optional exceptions was favorably received by the PART II. ORPHANS’ COURT RULES judges attending the work session, although two judges recommended that exceptions be permitted only when RULE 7. EXCEPTIONS requested by the judge, as is the current practice in Rule 7.1. Exceptions. Montgomery County. [ Exceptions shall be filed at such place and time, 3. Subsequent to publication of the original Joint shall be in such form, copies thereof served and Recommendation, the Superior Court requested that the disposition made thereof as local rules shall pre- Orphans’ Court Procedural Rules Committee consider scribe. amendments to Rule 7.1 eliminating exceptions in adop- ] tions and involuntary termination of parental rights’ (a) General Rule. No later than twenty (20) days cases. See In Re: A.L.A., 719 A.2d 363 (Pa. Super. 1998) after entry of an order, decree or adjudication, a (en banc). In that opinion, the Superior Court held that party may file exceptions to any order, decree or post-trial practice does not apply to adoption and termi- adjudication which would become a final appeal- nation matters in Philadelphia because such matters fall able order under Pa.R.A.P. 341(b) or Rule 342 fol- within the jurisdiction of Family Court. Pa.R.Civ.P. 1930.2 lowing disposition of the exceptions. If exceptions eliminates post-trial practice in domestic relations’ mat- are filed, no appeal shall be filed until the disposi- ters. In broad dicta, the Superior Court in A.L.A. sug- tion of exceptions. Failure to file exceptions shall gested elimination of post-trial practice in termination not result in waiver if grounds for appeal are and adoption matters arising in all other counties where preserved as provided in subdivision (b) of this such matters fall within Orphans’ Court jurisdiction Rule. stating: (b) Waiver. Exceptions may not be sustained un- We believe that the time sensitive nature of these less the grounds are specified in the exceptions and proceedings warrants the elimination of post-trial were raised by petition, motion, answer, claim, practice. Such a practice often extends the process to objection, offer of proof or other appropriate the detriment of the child, natural parents, and method. prospective adoptive parents.‘‘ (c) Time for Filing Exceptions. If a party files Id. at 364. See also In Re: J.J.F., 729 A.2d 79 (Pa. Super. timely exceptions, any other party may file cross 1999). The Committees believe that consideration of such exceptions within ten (10) days after the filing of a dramatic departure from prior practice should involve exceptions. input from the Bench and Bar familiar with such matters (d) Time Limits for Decision on Exceptions. The and, accordingly, solicit your comments on this issue. Orphans’ Court shall decide exceptions including supplemental exceptions and cross exceptions 4. The title of Rule 7 has been changed from Post-Trial within one hundred and twenty (120) days of the Practice to Exceptions. filing of the initial exceptions. If the Orphans’ 5. Proposed Rule 7.3 has been renumbered Rule 7.2 Court fails to decide the exceptions within one hundred and twenty (120) days, the exceptions shall Annex A be deemed denied by operation of law on the one hundred and twenty first (121st) day and the clerk TITLE 210. APPELLATE PROCEDURE is directed to enter the deemed denial on the docket as of that date. The appeal period shall PART I. RULES OF APPELLATE PROCEDURE begin to run as of the one hundred and twenty first (121st) day. ARTICLE I. PRELIMINARY PROVISIONS (e) Exceptions. Exceptions shall be the exclusive CHAPTER 3. ORDERS FROM WHICH APPEALS procedure for review by the Orphans’ Court of a MAY BE TAKEN final order, decree or adjudication. A party may not file a motion for reconsideration of a final order. FINAL ORDERS Official Note: The 2000 amendment discontinues Rule 342. [ Final Distribution Orders ] Orphans’ the prior practice permitting local rules to govern Court Orders Determining Property, Interest and whether exceptions are required after entry of an Status of Individuals. order, decree or adjudication. The 2000 amendment limits the filing of exceptions to order, decree or [ An appeal may be taken as of right from any adjudication which are final appealable orders af- order of distribution entered in an orphans’ court ter disposition of exceptions under Pa.R.A.P. 341(b) division which is not final within the meaning of or amended Pa.R.A.P. 342. If an aggrieved party Rule 341 (final orders generally) if the lower court appeals from such order, that appeal shall not shall certify that the order is sufficiently definite to affect proceedings with regard to other aspects of determine the substantial issues between the par- the case. ties. ] It is understood that failure to appeal may constitute a waiver of any issues in the order which the In addition to final orders pursuant to subdivi- Orphans’ Court has determined as final. sion (b) of Rule 341, an order of the Orphans’ Court Division determining an interest in realty, person- The 30 day appeal period pursuant to Pa.R.A.P. alty, the status of individuals or entities or an order 903 from such final orders begins to run from the of distribution not final under subdivision (b) of date of entry of an order disposing of exceptions or Rule 341 shall constitute a final order upon a on the date of a deemed denial pursuant to subdivi- determination of finality by the Orphans’ Court. sion (d) of this rule.

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If an order would not become final within the determined that the amendment is of a perfunctory definition of Pa.R.A.P. 341(b) or Pa.R.A.P. 342, then nature and that immediate promulgation is required in no exceptions may be filed until subsequent entry the interest of efficient administration. of a final order within the definition of Pa.R.A.P. This Order shall be processed in accordance with 341(b) or Pa.R.A.P. 342. This will eliminate the Pa.R.J.A. 103(b) and shall be effective January 1, 2000. practice in some counties of permitting issues to be raised by exception following entry of an otherwise Annex A interlocutory order and raising the same issues in TITLE 231. RULES OF CIVIL PROCEDURE exceptions to a final order, decree or adjudication. See, e.g., Estate of McCutcheon, 699 A.2d 746 PART I. GENERAL (Pa. Super. 1997). CHAPTER 4000. DEPOSITIONS AND DISCOVERY Rule 7.1 permits but does not require exceptions Rule 4001. Scope. Definitions to orders pursuant to Pa.R.A.P. 341(b) and 342. The election of an aggrieved party not to file exceptions ***** will not result in waiver of issues on appeal. How- (d) Subject to the provisions of this chapter, any party ever, nothing in this rule is intended to abrogate may obtain discovery by one or more of the following the requirement of decisional law or court rule methods: depositions upon oral examination (Rule 4007.1) mandating that issues on appeal be preserved by a or written interrogatories (Rule 4004); written interroga- timely petition, answer, claim, objection, offer of tories to a party (Rule 4005); production of documents proof or other appropriate vehicle. and things and entry for inspection and other purposes The 2000 amendments to Rule 7.1 and to Pa.R.A.P. (Rule 4009); physical and mental examinations (Rule 341 resolve the dilemma that the judiciary and 4010); and requests for admission (Rule 4014). litigants have faced in determining whether excep- Official Note: Under subdivision (d), for example, tions are required under local practice and a party may discover documents and things in the whether issues have been preserved for appeal in possession of a person not a party by means of a accordance with the disparate rules throughout the subpoena duces tecum issued in connection with a Commonwealth. The prior practice also made it deposition upon oral examination under Rule difficult to draw conclusions as to whether an 4007.1, a subpoena for the production of documents appellate decision constituted controlling authority and things under Rule 4009.21 et seq., and an on a statewide basis or whether the holding was independent action. based in whole or part on the vagaries of a local rule. [Pa.B. Doc. No. 99-2121. Filed for public inspection December 17, 1999, 9:00 a.m.] Local practice shall continue to govern with respect to place of filing, briefs, oral argument, courts en banc, etc. Neither Pa.R.C.P. 227.1 nor 1517 shall apply to Orphans’ Court matters. Rule 7.2. Transcript of Testimony. Title 246—MINOR COURT All exceptions shall contain a request designating a portion of the record to be transcribed in order to CIVIL RULES enable the court to dispose of the exceptions. PART I. GENERAL Within ten days after the filing of the exceptions, any other party may file an objection requesting [246 PA. CODE CHS. 200—500 AND 800] that an additional, lesser or different portion of the Service of Civil Documents by Certified Con- record be transcribed. If no portion is indicated, stables the transcription of the record shall be deemed unnecessary to the disposition of the exceptions. The trial judge shall promptly decide the objection Introduction to the portion of the record to be transcribed. The Minor Court Rules Committee is planning to [Pa.B. Doc. No. 99-2120. Filed for public inspection December 17, 1999, 9:00 a.m.] recommend that the Supreme Court of Pennsylvania adopt the following proposed amendments to Rules 202, 307, 403, 404, 405, 506, 508, 516 and 811 of the Rules of Conduct, Office Standards and Civil Procedure for Dis- trict Justices. These amendments will allow a district PART I. GENERAL justice to effectuate service of civil documents by the use of any certified constable in the Commonwealth, when [231 PA. CODE CH. 4000] his/her district is located in a county where there are no Amendment of Rule 4001(d) Governing Discovery; certified constables and the sheriff is unwillingly to make No. 327; Doc. No. 5 service. These proposals have not been submitted for review by Order the Supreme Court of Pennsylvania. Per Curiam: The following explanatory Report highlights the Com- mittee’s considerations in formulating this proposal. And Now, this 1st day of December, 1999, Pennsylvania Please note that the Committee’s Reports should not be Rule of Civil Procedure 4001(d) is amended by the confused with the official Committee Comments to the addition of a note to read as follows. rules. Also note that the Supreme Court does not adopt Whereas prior distribution and publication of the the Committee’s Comments or the contents of the ex- amendment would otherwise be required, it has been planatory Reports.

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We request that interested persons submit suggestions, though service may still be made in accordance with comments, or objections concerning this proposal to the subdivision (1) if the district justice so desires. Subdivi- Committee through: The Honorable Kenneth E. sion (3) makes service by mail, when permitted, at the Deatelhauser, District Justice, 66 County Line Road, option of the plaintiff. This was done because service by Sounderton, PA 18964-1252, no later than Friday, Janu- mail will ordinarily reduce costs. ary 28, 2000. CHAPTER 400. EXECUTION OF JUDGMENTS FOR By the Minor Court Rules Committee: THE PAYMENT OF MONEY FRED A. PIERANTONI, III, Rule 403. Issuance and Reissuance of Order of Chair Execution. Annex A A. Upon the filing of the request form, the district TITLE 246. MINOR COURT CIVIL RULES justice shall note on the form the time and date of its PART I. GENERAL filing and shall issue the order of execution thereon. The district justice shall deliver the order of execution for CHAPTER 200. RULES OF CONSTRUCTION; service and execution to the sheriff of, or any certified GENERAL PROVISIONS constable in, the county in which the office of the district Rule 202. Definitions. justice issuing the order is situated. If this service is As used in these rules: not available to the district justice, service may be made by any certified constable of the Common- ***** wealth. (3) ‘‘Constable’’ includes a certified or deputy con- ***** stable. ***** Official Note: Under subdivision A, the order may be executed by the sheriff of the county in which the office of CHAPTER 300. CIVIL ACTION the issuing district justice is situated, as well as by any Rule 307. Service of the Complaint. certified constable in that county. Service shall be made at least ten (10) days before the Rule 404. Notation of Time of Receipt. hearing, in the following manner: The sheriff or certified constable receiving the order (1) A copy of the complaint for each defendant shall be shall note upon the form the date and time that he delivered by the district justice for service to the sheriff received it. of, or any certified constable in, the county in which the magisterial district of the district justice is situated. If Rule 405. Service of Order of Execution. this service is not available to the district justice, A. [ Service of the order of execution shall be service may be made by any certified constable of made by the sheriff or constable by levy within the Commonwealth. If the complaint is delivered for sixty (60) days of the issuance or reissuance of the service to the sheriff and service is to be made in a county other than the one in which the magisterial district of the order. ] Service of the order of execution shall be district justice is situated, the sheriff shall deputize the made by the sheriff of, or any certified constable in, sheriff of the county in which service is to be made. A the county in which the office of the district justice certified constable may serve the complaint anywhere in is situated by levy within sixty (60) days of the the Commonwealth. issuance or reissuance of the order. If this service is not available to the district justice, service may (2) If service is to be made in a county other than the be made by any certified constable of the Common- one in which his magisterial district is situated, the wealth. district justice, instead of acting in accordance with (1), above, may: ***** (a) send the copy of the complaint for service to a CHAPTER 500. ACTIONS FOR THE RECOVERY OF district justice in the county in which service is to be POSSESSION OF REAL PROPERTY made who shall deliver it for service to the sheriff of, or Rule 506. Service of Complaint. any certified constable in, that county[ ,or]. If this service is not available to the district justice, ser- A. The district justice shall serve the complaint by vice may be made by any certified constable of the mailing a copy of it to the defendant by first class mail Commonwealth, or and by delivering a copy of it for service to the sheriff of, ***** or any certified constable in, the county in which the office of the district justice is situated. If this service is Official Note: This rule provides a number of alterna- not available to the district justice, service may be tive methods of serving the complaint. Subdivision (1) made by any certified constable of the Common- permits a certified constable to serve the complaint wealth. The officer receiving the copy shall serve it by anywhere in the Commonwealth and authorizes depu- handing it to the defendant or to an adult person in tized service by sheriffs. Subdivision (2)(a) permits service charge for the time being of the premises possession of out of the county through district justices in the county in which is sought to be recovered or, if none of the above is which service is to be made, a method of service which found, by posting it conspicuously on those premises. might be preferable to service under subdivision (1) by a certified constable of the county where the complaint ***** was filed when that county is a considerable distance Rule 508. Claim by Defendant. from the county of service. Subdivision (2)(b) provides for service in Philadelphia by writ servers of the Philadelphia ***** Municipal Court or by the Sheriff of Philadelphia, al-

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C. The defendant’s cross-complaint shall be served on PART I. GENERAL the plaintiff at least five (5) days before the hearing. At the option of the defendant, the district justice shall serve [246 PA. CODE CHS. 300—500 AND 1000] the cross-complaint by mailing a copy of it to the plaintiff. Judgments Appealed to Court of Common Pleas If the defendant does not request service by mail, the district justice shall deliver a copy of the cross-complaint Introduction for service to the sheriff of, or any certified constable in, the county in which the office of the district justice is The Minor Court Rules Committee is planning to located. If this service is not available to the district recommend that the Supreme Court of Pennsylvania justice, service may be made by any certified con- adopt these proposed amendments to the following Rules stable of the Commonwealth. The officer receiving the of Conduct, Office Standards and Civil Procedure for copy shall serve it by handing it to the plaintiff or to an District Justices: the Note following Rule 315 (Claim by adult person in charge for the time being of the plaintiff’s Defendant) to clarify that only one money judgment residence or usual place of business. should be entered even when cross-complaints are filed in ***** a case; Rule 402 (Request for Order of Execution; Entry of Judgment in Court of Common Pleas) and the Note Rule 516. Issuance of Order for Possession. following to clarify when a Request for an Order of Upon the filing of the request form, the district justice Execution should be filed as well as when a judgment can shall issue the order for possession and shall deliver it for be filed in the Court of Common Pleas; Rule 510 (Sub- service and execution to the sheriff of, or any certified poena of Witnesses) to provide that a district justice may constable in, the county in which the office of the district issue a subpoena that requires an individual to produce justice is situated. If this service is not available to documents or things which are in their possession, cus- the district justice, service may be made by any tody, or control; Rule 517 (Notation of Time of Receipt; certified constable of the Commonwealth. The order Service of Order of Possession) to clarify that the district shall direct the officer executing it to deliver actual justice shall mail a copy of the order for possession to the possession of the real property to the plaintiff. defendant by first class mail; Rule 1002 (Time and Method of Appeal) to clarify the appeal period for judg- ***** ments for money as well as judgments for the delivery of possession of real property arising out of a nonresidential CHAPTER 800. MINORS AND INCOMPETENTS AS lease; and the Note following Rule 1004 (Filing Complaint PARTIES or Praecipe on Appeal; Appeals Involving Cross- Rule 811. Service of the Complaint. Complaints) to clarify that all judgments (in one case) must be appealed to the Court of Common Pleas to Service of the complaint upon a defendant who is an preserve all issues. incompetent, or of a cross-complaint upon a plaintiff who is an incompetent, shall be upon his guardian. This These proposals have not been submitted for review by service shall be made in accordance with Rule 307. the Supreme Court of Pennsylvania. In addition, the Supreme Court does not adopt the Committee’s Com- ***** ments. Explanatory Report We request that interested persons submit suggestions, The current rules for service of district justice court comments, or objections concerning this proposal to the process require service be made by, ‘‘the sheriff of, or any Committee through: The Honorable Dennis Joyce, District constable in, the county in which the magisterial district Justice, 136 Bradford Ave., Pittsburgh, PA 15205, no later of the district justice is situated.’’ As of November 1, 1998, than Friday, January 28, 2000. all constables that effect this service must be certified by By The Minor Court Rules Committee the Pennsylvania Commission on Crime and Delinquency. Therefore, the Committee believes that the Rules should FRED A. PIERANTONI, III, be amended to provide that service shall be made by ‘‘the Chair sheriff of, or any certified constable in, the county in Annex A which the magisterial district of the district justice is situated.’’ TITLE 246. MINOR COURT CIVIL PROCEDURE In addition, this requirement that only a certified PART I. GENERAL constable can effectuate service has created a problem for CHAPTER 300. CIVIL ACTION some district justices in that their districts are in counties where there are no certified constables and the sheriff is Rule 315. Claim by Defendant. unwillingly to perform service. Thus, the Committee believes in order to alleviate this problem, the Rules ***** should be amended to state that service be made by ‘‘the C. A money judgment for the plaintiff or for the sheriff of, or any certified constable in, the county in defendant, but not for both, [ may ] shall be entered which the magisterial district of the district justice is with respect to such cross-complaints, any lesser amount situated. If this service is not available to the district found due on the claim asserted in one being deducted justice, service may be made by any certified constable of from the greater amount found due on the claim asserted the Commonwealth.’’ in the other. [Pa.B. Doc. No. 99-2122. Filed for public inspection December 17, 1999, 9:00 a.m.] ***** Official Note: *****

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Under subdivision C, a judgment shall be entered Rule 517. Notation of Time of Receipt; Service of on both complaints where a cross-complaint has Order of Possession. been filed, but the award of money shall only be for one party. The [ plaintiff ] district justice shall [ serve ] mail a copy of the order for possession [ by mailing a copy CHAPTER 400. EXECUTION OF JUDGMENTS FOR of it ] to the defendant by first class mail and shall THE PAYMENT OF MONEY deliver a copy of it for service to the sheriff of, or any Rule 402. Request for Order of Execution. Entry of certified constable in, the county in which the office of Judgment in Court of Common Pleas. the district justice is situated. If this service is not available to the district justice, service may be A. Execution of a judgment for the payment of money made by any certified constable of the Common- rendered by a district justice may be ordered by a district wealth. The officer receiving the order for possession justice in whose office the judgment was rendered or shall note upon the form the time and date that he entered, provided the plaintiff files in that office received it. He shall serve the order within forty-eight (1) not before the expiration of thirty (30) days after (48) hours by handing a copy of it to the defendant or to the date [ of ] the judgment is entered by the district an adult person in charge for the time being of the justice, and premises possession of which is to be delivered or, if none of the above is found, by posting it conspicuously on those ***** premises. The service copy of the order shall contain the following notice: D. The plaintiff may enter the judgment in the court of common pleas in any county. When so entered, the ***** indexing, revival and execution of the judgment shall be CHAPTER 1000. APPEALS in accordance with procedures applicable in the court of common pleas. The judgment may be entered in the court Rule 1002. Time and Method of Appeal. of common pleas by filing with the prothonotary a copy of A. A party aggrieved by a judgment for money, or a the record of the proceedings containing the judgment, judgment affecting the delivery of possession of real certified to be a true copy by the district justice in whose property arising out of a nonresidential lease, may appeal office the judgment was rendered or by any other official therefrom within thirty (30) days after the date of the custodian of the record. The judgment may [ not ] be entry of the judgment by filing with the prothonotary of entered in the court of common pleas [ until ] after thirty the court of common pleas a notice of appeal on a form (30) days [ after ] from the date the [ of ] judgment is which shall be prescribed by the State Court Administra- entered by the district justice. The judgment may tor together with a copy of the Notice of Judgment issued not be entered in the court of common pleas after by the district justice. The Prothonotary shall not accept five (5) years from the date the judgment is entered an appeal from an aggrieved party which is presented for by the district justice. filing more than thirty (30) days after the date of entry of judgment without leave of Court and upon good cause Official Note: shown. ***** B. A party aggrieved by a judgment for the delivery of As to subdivision D, see the Judicial Code, § 1516, 42 possession of real property arising out of a residential Pa.C.S. § 1516. The thirty day limitation appears to be lease may appeal therefrom within ten (10) days after the required by this Section. Certification by the district date of the entry of judgment by filing with the prothono- justice should not be done before the expiration of tary of the court of common pleas a notice of appeal on a thirty (30) days after the date of entry of the form which shall be prescribed by the State Court judgment. The only method available to renew a Administrator, together with a copy of the Notice of judgment would be to record the judgment in the Judgment issued by the district justice. The prothonotary Prothonotary’s office prior to the expiration of the shall not accept an appeal from an aggrieved party which five year period and then follow the applicable is presented for filing more than ten (10) days after the Rules of Civil Procedure for the Revival of a Judg- date of entry of judgment without leave of Court and ment, Rule 1521 and 3025 et seq. Also, Subdivision upon good cause shown. D is intended that when the judgment is entered in Official Note: The thirty day limitation in subdivision the court of common pleas, that all further process A of this rule is the same as that found in the Judicial shall come from the court of common pleas and Code, § 5571(b), 42 Pa.C.S. § 5571(b), as amended by that no further process shall be issued by the § 10(67) of the Judiciary Act Repealer Act, Act of April district justice. 28, 1978, P. L. 202, No. 53. The ten day limitation in subdivision B of this rule is designed to implement the CHAPTER 500. ACTIONS FOR THE RECOVERY OF time for appeal set forth in § 513 of the Landlord and POSSESSION OF REAL PROPERTY Tenant Act of 1951 (Act No.1995-33, approved July 6, Rule 510. Subpoena of Witnesses. 1995) (Act No. 1995-33 was suspended by the Pa. Supreme Court on March 28, 1996 by Order of A district justice may issue subpoenas throughout the Court insofar as the Act is inconsistent with Rules Commonwealth to require the attendance of witnesses in of Civil Procedure Governing Actions and Proceed- any cause of action triable before him. The subpoena ings Before District Justices, as adopted by that may also require the person to produce documents Order). The two subdivisions of this rule are intended to or things which are in the possession, custody or clarify that where the right of possession of residential control of that person. real estate is at issue, the shorter, ten day period for Official Note: This rule is the same as Rule 317 (of appeal applies; where [ judgment from which ] the the trespass and assumpsit rules) governing subpoenas appeal is taken from any judgment [ is a judgment ] in civil actions. for money, or a judgment affecting a nonresidential lease,

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 THE COURTS 6331 under these rules, the thirty day period of time for appeal are the same as set forth in 23 Pa.C.S. § 6102. In the applies. A party may appeal the money portion of a ,definition of the word ‘‘Court,’’ the phrase ‘‘district jus- judgment only within the thirty day appeal period tice’’ is replaced with ‘‘hearing officer’’; Rule 1203 (Limita- specified in subsection A of this rule. It is the intent tion on Jurisdiction) and the Note following the Rule, to of this rule that no supersedeas under Pa.R.C.P.D.J. clarify that a District Justice has jurisdiction under 23 No. 1008 shall be issued by the Prothonotary after Pa.C.S. § 6110 to grant emergency relief from abuse the ten (10) days period for filing an appeal, unless when the Court is unavailable; Rule 1204 (Venue) and the by order of court. Note following the Rule, to set forth that a proceeding for Explanatory Comment to Rule 1002 emergency relief may only be brought within the county in which the plaintiff resides or where the abuse oc- The proposed amendments to 1002A and 1002B are to curred; however, if the relief sought includes possession of make the language within the Rule consistent. Previously, the residence or household to the exclusion of the defen- the Rule used the words ‘‘date of entry of judgment’’ and dant, the action shall only be brought in the county in then ‘‘date of judgment.’’ It is the opinion of the Commit- which the residence or household is located; Rule 1205 tee that the phrase ‘‘date of entry of judgment’’ should be (Persons who may seek emergency relief) and the Note used and that it should be used consistently throughout following the Rule, to clarify that a person who may seek the Rule. emergency relief includes but is not limited to an adult, The amendment to the Note is necessitated because an emancipated minor, a guardian ad litem, or a guardian Rule 514 of the Rules of Civil Procedure Governing Action of an incapacitated person (as defined in 20 Pa.C.S. Before District Justices requires that a judgment be Chapter 55); Rule 1206 (Commencement of Proceedings) rendered for the delivery of possession of the real prop- and the Note following the Rule, to set forth that the erty to the plaintiff and a separate entry of a judgment petition for emergency relief from abuse shall be filed and for money, whether it be for rent, damages, or costs. The served without prepayment of fees; the Note following separate entry of the judgment for money should be Rule 1207 (Hearing) to make some editorial corrections to treated the same as a judgment in a Civil Action and various citations; Rule 1208 (Findings and Protection there are no additional exigencies requiring an acceler- Orders) and the Note following the Rule, to clarify that a ated appeal period. The ten (10) day appeal period should District Justice may grant emergency relief in accordance only be applicable to the possession judgment and not to with 23 Pa.C.S. § 6110(a); Rule 1209 (Execution of Pro- the money judgment. tection Orders) and the Note following the Rule, to set forth the procedure for serving and executing a protection The purpose of this amendment to the Note and this order upon a defendant; Rule 1210 (Duration of Protec- comment is to clarify the intent of the Rule and permit an tion Orders) and the Note following the Rule, to clarify appeal of the money judgment only within the thirty (30) that an emergency protection order issued by a District day appeal period. (See Cherry Ridge Development v. Justice expires at the end of the next business day the Chenoga, 703 A.2d 1061 (Pa.Super. 1997). Court deems itself available; Rule 1211 (Certification to Rule 1004. Filing Complaint or Praecipe on Appeal. Court) and the Note following the Rule, to set forth that a Appeals Involving Cross-Complaints. District Justice may certify to the Court any emergency protection order it issued together with any supporting Official Note: documentation. ***** These proposals have not been submitted for review by the Supreme Court of Pennsylvania. In addition, the All judgments entered must be appealed to pre- Supreme Court does not adopt the Committee’s Com- serve all issues, if such issue can be properly ments. pleaded in the court of common pleas. This is of particular importance under subdivision C, where We request that interested persons submit suggestions, both complaints must be appealed to preserve all comments, or objections concerning this proposal to the issues. See Borough of Downingtown v. Wagner, 702 Committee through: Michael F. Krimmel, Special Court A.2d 593 (Commonwealth Ct. 1997). Administrator, Berks County Courthouse, 633 Court [Pa.B. Doc. No. 99-2123. Filed for public inspection December 17, 1999, 9:00 a.m.] Street, Reading, PA 19601, no later than Friday, January 28, 2000. By the Minor Court Rules Committee FRED A. PIERANTONI, III, Chair PART I. GENERAL Annex A [246 PA. CODE CH. 1200] TITLE 246. MINOR COURT CIVIL RULES Emergency Relief under the Protection from Abuse PART I. GENERAL Act CHAPTER 1200. EMERGENCY RELIEF UNDER Introduction THE PROTECTION FROM ABUSE ACT The Minor Court Rules Committee is planning to Rule 1201. Applicability. recommend that the Supreme Court of Pennsylvania adopt these proposed amendments to the following Rules The rules in this chapter apply to the exercise by a of Conduct, Office Standards and Civil Procedure for hearing officer of jurisdiction under Section 6110[ , Title District Justices: Rule 1201 (Applicability) and the Note 23 ] of the Protection From Abuse Act, 23 Pa.C.S. following the Rule, to clarify that a District Justice has § 6110, to grant emergency relief from abuse. jurisdiction to grant emergency relief from abuse under 23 Pa.C.S. § 6110; Rule 1202 (Definitions) and the Note Official Note: See the Protection From Abuse Act set following the Rule, to clarify that the meanings of the forth in the Domestic Relations Code, 23 Pa.C.S.[ A., words ‘‘abuse,’’ ‘‘adult,’’ and ‘‘family or household member’’ Section ] § 6101 et seq.

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Rule 1202. Definitions. abuse on behalf of minor children. In addition, a guardian As used in these rules: of the person of an [ incompetent adult ] incapacitated person as defined in 20 Pa.C.S. Chapter 55 (1) Abuse, adults and family or household members may seek emergency relief on behalf of the incompe- shall have the meanings given to those words in Section [ 6102 [ , Title 23 ] of the Protection From Abuse Act,23 tent adult ] incapacitated person. Pa.C.S. § 6102. Official Note: This rule [ was taken ] is derived (2) Court means the court of common pleas of the from Section 6106[ , Title 23 ] of the Protection From judicial district in which the office of the [ district Abuse Act, 23 Pa.C.S. § 6110. justice ] hearing officer taking action under these Rule 1206. Commencement of Proceedings rules is located. ***** ***** C. The petition shall be filed and service shall be [ Official Note: The definition of ‘‘court’’ varies made without prepayment of fees. somewhat from the definition in Section 6102, Title Official Note: It was thought desirable to require the 23 of the Protection from Abuse Act, which merely petition to be on a simple, prescribed form since this is an defines ‘‘court’’ as ‘‘the court of common pleas,’’ emergency proceeding and the plaintiff is apt to be in an since under 6110(c), orders issued by the hearing excited state at the time of the filing. Subdivision B is officer must be certified to ‘‘the court’’ anditwas added to assure compliance with the requirement of thought necessary to define more particularly the Section 6110(d) [ , Title 23 ] of the Protection From court of common pleas to which the order will be Abuse Act, 23 Pa.C.S. § 6110(d). Subdivision C is certified. ] consistent with Section 6106(b) of the Act, 23 Rule 1203. Limitation on jurisdiction. Pa.C.S. § 6106(b). The hearing officer may grant relief under these rules Rule 1207. Hearing. only when the court is unavailable to do so pursuant to ***** the provisions of Section 6110[ , Title 23 ] of the Protec- tion From Abuse Act, 23 Pa.C.S. § 6110, or local rule of Official Note: Under Section 6110(a)[ , Title 23 ] of court. the Protection From Abuse Act, 23 Pa.C.S. § 6110(a), the hearing is ex parte, and under Section 6110(b)[ , Title Official Note: The limitation in this rule is taken from 23 of the Act, 23 Pa.C.S. § 6110(b), the emergency Section 6110[ , Title 23 ] of the Protection From Abuse ] Act, 23 Pa.C.S. § 6110 orders issued by the hearing officer as a result of the hearing are of short duration. Accordingly, there are no Rule 1204. Venue. provisions in these rules for notice to the defendant prior to hearing. The hearing need not be held at the office of A. Except as provided in subdivision B, A a [ ] the hearing officer. The last phrase was added to insure proceeding for emergency relief [ shall ] may be brought compliance with Section 6112[ , Title 23 ] of the Act,23 in [ the ] a magisterial district within the county in Pa.C.S. § 6112. which the abuse for which relief is requested [ Rule 1208. Findings and protection orders. occurred ] A. If the hearing officer, upon good cause shown, finds (1) the plaintiff resides, either temporarily or it necessary to protect the plaintiff or minor children from permanently, or abuse, he may grant relief in accordance with Section (2) the abuse occurred. [ 6108(a) ] 6110(a) [ , Title 23 ] of the Protection from Abuse Act, 23 Pa.C.S. § 6110(a), and make any protec- B. If the relief sought includes possession of the tion orders necessary to effectuate that relief. Immediate residence or household to the exclusion of the and present danger of abuse to the plaintiff or minor defendant, the action shall be brought only in a children shall constitute good cause. magisterial district within the county in which the residence or household is located. ***** Official Note: [ In view of the nature of the Official Note: Subdivision A of this rule is [ taken ] proceedings and the type of relief that may be derived from Section 6110(a)[ , Title 23 ] of the Protec- granted, it was thought best to limit venue to the tion From Abuse Act, 23 Pa.C.S. § 6110(a), which magisterial district in which the abuse occurred. ] permits the hearing officer to grant limited relief in This rule is consistent with Pa.R.C.P. No. 1901.1 and accordance with Section 6108(a)(1), (2) and (6) or (1) provides the necessary flexibility to a plaintiff who and (6) of the Act (relating to relief). may have to flee the county of permanent residence to escape further abuse. A proceeding is considered to Rule 1209. Service and [ Execution ] execution of have been brought in a magisterial district even if it is emergency protection orders. before a hearing officer serving temporarily in that The hearing officer shall provide to the plaintiff a district, or before a hearing officer who has been invested copy of a protection order made under Rule 1208. by local rule with temporary county-wide jurisdiction. The hearing officer or, when necessary, the plaintiff Rule 1205. Persons who may seek emergency relief. shall immediately deliver a service copy of any protection order made under Rule 1208 to a police officer, police [ A person ] An adult or an emancipated minor department, sheriff or certified constable for service may seek emergency relief from abuse for himself or upon the defendant and execution. [ If the defendant herself. Also, any parent [ or ], adult household member is present at the time the protection order is or guardian ad litem may seek emergency relief from executed, the executing officer shall serve a copy of

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 THE COURTS 6333 the petition form containing the order upon the protection order. However, practice varies among defendant. Otherwise, ] After making reasonable the judicial districts as to how this is accomplished. effort, if the executing officer is unable to serve the For example, some judicial districts may require protection order upon the defendant in a timely that the plaintiff appear in person to commence an fashion, the executing officer [ shall ] may leave action in the Court of Common Pleas. Others may automatically commence an action in the Court of [ the ] a service copy of the petition form containing the Common Pleas upon receipt of a certified copy of order with the plaintiff for service upon the defendant. the emergency order from the hearing officer. See Official Note: The hearing officer should provide Rule 1210 and Note. the plaintiff with at least one copy of a protection At the request of the plaintiff, the hearing of- order, but more than one copy may be needed. For [ example, the plaintiff may wish to serve the order ficer may appoint ] Depending on local practice, the upon multiple police departments when the plain- plaintiff or the plaintiff’s representative [ to ] may act as tiff lives and works in different police jurisdictions, a messenger under subdivision B of this rule. etc. If it is necessary for the plaintiff to deliver the [Pa.B. Doc. No. 99-2124. Filed for public inspection December 17, 1999, 9:00 a.m.] protection order to the executing officer, the hearing officer should make sure that the plaintiff fully understands the process and what must be done to have the order served upon the defendant. Due to the emergency nature of these protection orders and the fact that to be meaningful they must be served and Title 255—LOCAL executed at night or on a weekend, the hearing officer should have the authority to use police officers as well as COURT RULES sheriffs and certified constables to serve and execute these orders. See Section 6109(a)[ , Title 23 ] of the DELAWARE COUNTY Protection From Abuse Act, 23 Pa.C.S. § 6109(a). Amendment of Rule of Civil Procedure 400.1 Gov- Service shall be made without prepayment of erning Service of Original Process and Other fees. See Rule 1206(C). Legal Papers; Misc. Doc. No. 90-18200 Service of protection orders upon the defendant at the time of execution may not be possible under some circum- Amended Order stances. And Now, to wit, this 23rd day of November, 1999, in Rule 1210. Duration of emergency protection orders. conformity with Pa. R.C.P. 400.1(b)(1), as recently Protection orders issued under Rule 1208 shall expire amended and adopted by the Supreme Court of Pennsyl- [ as of the resumption of business of the court at vania, and which amendment was scheduled to take effect on September 1, 1999, it is hereby Ordered and the beginning of the next business day ] at the end Decreed that original process shall be served within of the next business day the court deems itself Delaware County available. (a) by the Sheriff or a competent adult in the actions in Official Note: This rule is [ taken ] derived from equity, partition, prevent waste and declaratory judgment Section 6110(b)[ , Title 23 ] of the Protection From Abuse when declaratory judgment is the only relief sought; and Act, 23 Pa.C.S. § 6110(b). Practice varies among the (b) by the sheriff in all other actions, or such other judicial districts as to what procedures the plaintiff means, as provided in the Pennsylvania Rules of Civil must follow to seek a temporary protection order Procedure. from the Court of Common Pleas upon the expiration of an emergency protection order. The hearing This Order shall remain in effect until the matter may officer should provide clear instructions to the be more closely examined by the Delaware County Civil plaintiff as to what must be done to continue in Rules Committee and the Board of Judges of Delaware effect the protection order in the Court of Common County and a local rule passed thereafter. Pleas. See Rule 1211 and Note. By the Court Rule 1211. Certification to court. A. LEO SERENI, A. Any protection order issued under Rule 1208, to- President Judge gether with any documentation in support thereof, [Pa.B. Doc. No. 99-2125. Filed for public inspection December 17, 1999, 9:00 a.m.] [ shall immediately ] may be certified to the court by the hearing officer. B. Certification under subdivision A of this Rule [ shall ] may be accomplished by sending to the protho- DELAWARE COUNTY notary of the court by first class mail or messenger a certified [ true ] copy of the petition form containing the Amendment of Rule of Criminal Procedure order, with any supporting documentation attached. 4006(c)(3)(d) Governing Bail Conditions; Misc. Doc. No. 90-18200 Official Note: [ Certification under subdivision A of this rule is required by Section 6110(c), Title 23 Order of the Protection From Abuse Act. ] This rule is consistent with Pa.R.C.P. No. 1901.3(b) which per- And Now, to wit, this 23rd day of November, 1999, it is mits commencement of an action by filing with the hereby Ordered and Decreed that Local Rule of Criminal prothonotary a certified copy of an emergency Procedure 4006(c)(3)(d) is hereby Amended as follows:

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6334 THE COURTS

If the defendant does not appear or surrender to the (c) Statutory sexual assault, in violation of 18 Court within twenty (20) days after the Notice of Bail Pa.C.S.A. § 3121.1; Forfeiture is sent, the Court shall enter a certifica- (d) Involuntary deviate sexual intercourse, in violation tion order for judgment in favor of the County for the of 18 Pa.C.S.A. § 3123; full amount of bail. (e) Sexual Assault, in violation of 18 Pa.C.S.A. This Order is effective immediately and shall remain in § 3124.1; effect until further Order of Court. (f) Aggravated indecent assault in violation of 18 By the Court Pa.C.S.A. § 3125; A. LEO SERENI, President Judge (g) Robbery, in violation of 18 Pa.C.S.A. § 3701; [Pa.B. Doc. No. 99-2126. Filed for public inspection December 17, 1999, 9:00 a.m.] (h) Arson, in violation of 18 Pa.C.S.A. § 3301; (i) All prohibited acts set forth in the Controlled Sub- stance, Drug, Device and Cosmetic Act, 35 P. S. § 780- 113(a)(30); (j) Kidnapping, in violation of 18 Pa.C.S.A. § 2901; LUZERNE COUNTY (k) Homicide by vehicle, in violation of 75 Pa.C.S.A. Adoption of Rules of Criminal Procedure; No. § 3732; 1868-99 (l) Homicide by vehicle while driving under the influ- Now This 6th day of December, 1999, the Court hereby ence, in violation of 75 Pa.C.S.A. § 3735; adopts Luzerne County Rules of Criminal Procedure Nos. (m) Corrupt organizations, in violation of 18 Pa.C.S.A. 4, 107, 161, 303, 310, 316, 324, 1409 and 2002A to be § 911; effective thirty (30) days after the date of publication in (n) Ethnic intimidation, in violation of 18 Pa.C.S.A. the Pennsylvania Bulletin. The following Luzerne County § 2710; Court Rules are hereby rescinded, effective thirty (30) days after the date of publication in the Pennsylvania (o) All offenses as set forth in Chapter 47 of the Crimes Bulletin, 107, 130(c), 176, 288, 289, 290, 291, 293, 303, Code, relating to bribery and corrupt influence; 317 and 323. (p) Obstructing administration of law or other govern- It is further ordered that the District Court Administra- mental function, in violation of 18 Pa.C.S.A. § 5101; tor shall file seven (7) certified copies of this Rule with (q) All offenses as set forth in Chapter 53 of the Crimes the Administrative Office of Pennsylvania Courts, two (2) Code, relating to abuse of office; certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified (r) All offenses as set forth in Chapter 57 of the Crimes copy to the Criminal Procedural Rules Committee, one (1) Code, relating to wiretapping and electronic surveillance; certified copy to the Judicial Council of Pennsylvania (s) Obscene and other sexual materials and perfor- Statewide Rules Committee, and one (1) copy to the mances, in violation of 18 Pa.C.S.A. § 5903; Luzerne Legal Register for publication in the next issue. shall not hereafter be accepted by any judicial officer It is further ordered that these local rules shall be kept unless the complaint and/or affidavit has the approval of continuously available for public inspection and copying an attorney for the Commonwealth prior to filing. in the Clerk of Court’s Office. Rule 161. Procedures for Accelerated Rehabilitative By the Court Disposition in Summary Cases before the Minor JOSEPH M. AUGELLO, Judiciary. President Judge (a) Eligibility: All summary offenders may apply for Rule 4. Citing the Criminal Procedural Rules. admission to the program with the following exceptions: All criminal procedural rules adopted by the Court of i. Any offense which is excluded by statute. Common Pleas of Luzerne County shall be known as the ii. Any offense under Title 75 (Vehicles). Luzerne County Rules of Criminal Procedure and shall be cited as ‘‘Luz. Co. Crim. P.’’ iii. Any offense charged by local ordinance. Rule 107. Approval of Police Complaints and Arrest iv. Any offense, which is the result of an original Warrant Affidavits by Attorney for the Common- charge, classified as a misdemeanor or above, which is wealth—Local Option. subsequently reduced. The District Attorney of Luzerne County having filed a v. Any offense which is joined with a court case which certification pursuant to Pa.R.Crim.P. 107, criminal com- is held or waived for trial at a preliminary hearing. plaints and arrest warrant affidavits by police officers, as vi. In order to be considered eligible, a defendant must defined in the Rules of Criminal Procedure charging one specifically waive all statutes of limitations and speedy or more of the following offenses, or an attempt, solicita- trial rights, and agrees to abide by all terms, conditions tion, or conspiracy to commit any of the following: and monetary obligations imposed by the issuing author- (a) All offenses set forth in Chapter 25 of the Crimes ity. Code (relating to criminal homicide): Murder of the first (b) Program Costs: The administrative fee taxable un- degree; Murder of the second degree; Murder of the third der each application shall be $50 (fifty dollars), which degree; Voluntary manslaughter; Involuntary manslaugh- shall be paid over to Luzerne County in addition to ter; Causing or aiding suicide; and Drug delivery result- restitution, if any, both of which shall be payable no later ing in death; than the day of admission to the program. The defendant (b) Rape, in violation of 18 Pa.C.S.A. § 3121; shall further agree, as a condition of the ARD program, to

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 THE COURTS 6335 pay the fees of any recommended treatment and/or which a defendant has applied for entry into the ARD community service program and/or approved alternative program to the District Attorney. adjudication program. (i) Adjudication alternative programs shall be approved (c) Application: by the Court of Common Pleas. i. Application for summary ARD shall be made upon Rule 303. Arraignment. the same forms as used in the Court of Common Pleas in (a) Each Defendant in a criminal case shall be ar- court cases. raigned before a judge or before the court administrator ii. The issuing authority shall establish the duration or a deputy court administrator when such court adminis- and conditions of defendant’s probation, and transmit two trator or deputy is designated and authorized by order of copies of the application, and note thereon the transmittal the president judge. date to the District Attorney. If the District Attorney (1) Whenever arraignments are held before the court disapproves the application, he shall retain one copy and administrator or a deputy court administrator, and the transmit one copy back to the issuing authority noting defendant stands mute, the clerk is authorized and disapproval within 20 days of the transmittal of the directed to enter a plea of not guilty for the defendant. application. (2) Whenever arraignments are held before the court (d) Program Conditions: An offender admitted to ARD administrator or a deputy court administrator, and the shall comply with the following: defendant fails to appear, the court administrator, or deputy court administrator, shall report such fact in i. Obey all federal, state and local penal laws, and all writing to the judge of the court, and the court may rules of probation; and, authorize that a bench warrant be issued for the appre- ii. Complete an approved adjudication alternative pro- hension and arrest of the defendant so that he or she may gram as directed by the issuing authority; and, be brought before the court and that the bail be forfeited. iii. Undergo a drug and alcohol evaluation, if required (3) Arraignment shall take place at the Luzerne by the issuing authority, and complete any recommended County Courthouse, at the Luzerne County Prison, treatment. Luzerne County, Pennsylvania, or at such other places in the County of Luzerne as may from time to time be (e) Program Admission and Completion: Unless the designated by a judge of the Court of Common Pleas and district attorney has disapproved the application, an may be conducted by means of video conferencing. eligible offender may be admitted to ARD by the issuing authority thirty days after transmittal of the application (b) A defendant who is represented by counsel may to the District Attorney. Bail, security or other collateral waive formal arraignment in writing if the requirements shall terminate upon entry. Admission to ARD shall not of Pa.R.Crim.P. 303(c) are met. affect any period of license suspension/revocation directed Rule 310. Dispositions of Pretrial Motions. by statute. Upon satisfactory completion of the program, the charges against the defendant shall be dismissed. The Pretrial motions shall be decided in advance of trial by record of arrest shall not be affected by the operation of the trial judge on the day scheduled for trial or such this local rule, however upon successful completion of the other day selected by the trial judge unless: program, the case record shall be sealed by the issuing (1) A party requests earlier determination by present- authority. ing a copy of the motion together with a comprehensive brief in support of the motion and a scheduling order to (f) Program Monitoring: Representatives from an ap- the court administrator when no trial judge has been proved adjudication alternative program are hereby au- assigned; or thorized to monitor and supervise a defendant’s progress in the summary ARD program. Further such organiza- (2) The president judge or the court administrator tions shall inform the issuing authority of either the assigns the motion for determination. offender’s successful completion, or the failure to com- (3) No brief is required for pretrial bail motions. plete, and in the latter case may testify as to the reasons therefor in program revocation proceedings. Rule 316. Assignment of Counsel. (g) Revocation: Should a defendant fail to comply with Requests for the expenditure of public funds on behalf any condition of the ARD program, he or she may be of a defendant who is without financial resources shall be revoked from the program by order of the issuing author- presented by assigned counsel to the president judge for ity at a revocation hearing where the defendant will be approval prior to the obligation being incurred. Notice to afforded an opportunity to be heard. The issuing author- the district attorney is not required. ity may issue such process as is necessary to bring the Rule 324. Motion for Return of Property. defendant before the Court. Should the defendant fail to appear after receiving notice of a revocation hearing, the (b) Except as provided in (c) motions for return of issuing authority may issue a warrant pursuant to property shall be heard in criminal miscellaneous court. Pa.R.Crim.P. 75. No appeal shall be allowed from a (c) A motion for return of property joined with a motion revocation order. to suppress evidence under Rule 323 shall be heard by Upon disapproval of the application by the district the judge assigned to the Rule 323 motion. attorney, or upon revocation of the defendant’s summary Rule 1409. Probation, Intermediate Punishment or ARD program, or if a defendant declines to accept the Parole. program the case shall thereafter be scheduled for trial pursuant to Chapter 50 of the Pennsylvania Rules of (1) When a defendant is sentenced and the sentence is Criminal Procedure. to be supervised by the Luzerne County Adult Probation and Parole Department, unless incarcerated, the defen- (h) Monthly Report: Issuing authority shall submit a dant shall report immediately to the department for monthly report on the final disposition of all cases in intake and supervision. The defendant shall be subject to

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6336 THE COURTS rules, regulations and direction of the department imme- date as the Court by special order may direct, a list diately upon imposition of sentence. Defendants incarcer- containing all civil matters in which no steps or proceed- ated only on weekends or other short periods each week ings have been taken for two years or more prior to the shall be subject to supervision of the department during preceding June 30 and shall give notice thereof to counsel non-incarceration intervals. of record and to those parties for whom no appearance (2) This rule does not govern parole or probation cases has been entered as required by Pa.R.J.A. No. 1901(c). under the jurisdiction of the Pennsylvania Board of The notice shall inform them that the case shall be Probation and Parole. terminated by order of Court for inactivity unless a written motion is filed setting forth good cause for Rule 2002A. Approval of Search Warrant Applica- continuing the matter. tions by Attorney for the Commonwealth—Local Option. Counsel and unrepresented parties who have received notice that a case is on the list of inactive cases may file The District Attorney of Luzerne County having filed a a motion to remove the case from the purge list, alleging certification pursuant to Pa.R.Crim.P. 2002A, search war- in said motion whatever facts may support good cause for rants, in all circumstances, shall not hereafter be issued continuing the matter. The motion must be filed not later by any judicial officer unless the search warrant applica- than forty-five (45) days after the date of notice, and the tion has the approval of an attorney for the Common- moving party shall immediately serve all other counsel of wealth prior to filing. record and unrepresented parties in accordance with [Pa.B. Doc. No. 99-2127. Filed for public inspection December 17, 1999, 9:00 a.m.] Pa.R.C.P. No. 440. Any party opposing such motion must file an answer not later than twenty (20) days after service of the motion. When a motion has been timely filed to remove the case from the purge list and alleges on its face facts setting SCHUYLKILL COUNTY forth good cause for continuing the matter, and when no Termination of Inactive Cases; S-2339-99 answer thereto has been timely filed opposing its continu- ance, the Court shall enter an order striking the case And Now, this 3rd day of December, 1999, at 8:30 a.m., from the purge list. In those cases where a timely motion the Court hereby amends Schuylkill County Rule of Civil and answer thereto have both been filed, the Court will Procedure 1901(b)(1)(a) for use in the Court of Common notify the parties of the date and time where they may be Pleas of Schuylkill County, Pennsylvania (21st Judicial heard on said motion and answer. When no motion is District). This rule shall be effective thirty days after timely filed to remove the case from the purge list, or publication in the Pennsylvania Bulletin. when the facts alleged in the motion fail to set forth good cause for continuing the matter, the Court shall enter an The Prothonotary of Schuylkill County is Ordered and order dismissing the case. Directed to do the following: [Pa.B. Doc. No. 99-2128. Filed for public inspection December 17, 1999, 9:00 a.m.] 1) File ten (10) certified copies of this Order and Rule with the Administrative Office of Pennsylvania Courts. 2) File two (2) certified copies of this Order and Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette reflect- ing the text in the hard copy version. SUPREME COURT 3) File one (1) certified copy of this Order and Rule Transfer of Positions and Employes to the Unified with the Pennsylvania Civil Procedural Rules Committee. Judicial System of Pennsylvania Under Act 12 of 4) Forward one (1) copy to the Schuylkill County Law 1999; No. 215 Judicial Administration Doc. No. 1 Library for publication in the Schuylkill Legal Record. 5) Keep continuously available for public inspection Order copies of this Order and Rule. Per Curiam: By the Court WILLIAM E. BALDWIN, And Now, this 1st day of December, 1999, it is Ordered President Judge that the transfer of county-level court administrators specified in Act 12 of 1999 shall occur on January 1, 2000. Rule 1901: Termination of Inactive Cases. [Pa.B. Doc. No. 99-2129. Filed for public inspection December 17, 1999, 9:00 a.m.] (b)(1)(a) The Prothonotary shall prepare on or before the second Monday of August each year, or on such other

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6337 RULES AND REGULATIONS the House and Senate Committees on November 28, 1999. Title 40—LIQUOR IRRC approved the amendments on December 2, 1999. LIQUOR CONTROL BOARD Findings [40 PA. CODE CHS. 3, 11 and 13] The Board finds that: Vendor Registration and New Year’s Eve Meal (1) The notice of proposed rulemaking is omitted under Package the authority of section 204(1) of the CDL since these regulatory amendments relate to Board policy, practice The Liquor Control Board (Board) amends §§ 3.31, and procedure and all affected parties have been notified. 3.33, 3.63, 3.73, 11.91, 11.92, 13.71—13.75, 13.77—13.79, (2) The amendment of the Board’s regulations in this 13.81, 13.86 and 13.87, relating to registration of vendors’ order is necessary and appropriate for the administration agents and § 13.102 relating to discount pricing practices and enforcement of the authorizing statutes. to read as set forth in Annex A. Order The Board no longer has any need to register agents of vendors. The practice of registration and subsequent The Board, acting under the enabling statute, orders issuance of photo-identification to vendors’ agents is that: cumbersome to the Board as well as the vendors and (a) The regulations of the Board, 40 Pa. Code Chapters their agents. Permitting hotels to offer an open bar to 3, 11 and 13, are amended by amending §§ 3.31, 3.63, registered overnight guests of their hotel after 7 a.m. on 3.73, 11.91, 13.71, 13.73, 13.77—13.79, 13.81, 13.86, 13.87 December 31, 1999, until 2 a.m. the following day codifies and 13.102; and by deleting §§ 3.33, 11.92, 13.72, 13.74 a policy the Board desires to implement for hotel licens- and 13.75 to read as set forth in Annex A. ees. The Board realizes that time is of the essence and (b) The Board shall submit this order and Annex A to intends to notify all hotel licensees prior to publication of the Office of Attorney General for approval as to form and this final-omitted rulemaking in the Pennsylvania Bulle- legality as required by law. tin. (c) The Board shall certify this order and Annex A and Notice of proposed rulemaking is omitted under section deposit them with the Legislative Reference Bureau as 204(1) of the act of July 31, 1968 (P. L. 769, No. 240) (45 required by law. P. S. § 1204(1)) (CDL) since these regulatory amendments are related to agency practice and procedure and all (d) That this order shall take effect upon publication in affected licensees have been notified of these regulatory the Pennsylvania Bulletin. changes. JOHN E. JONES, III, Fiscal Impact Chairperson These regulatory changes will impose no new costs (Editor’s Note: For the text of the order of the Indepen- upon vendors’ agents, hotel licensees, the Board or the dent Regulatory Review Commission relating to this public. Elimination of vendor registration and issuance of document, see 29 Pa. B. 6384 (December 18, 1999).) photo-identification will be a cost savings to the Board as Fiscal Note: 54-56. No fiscal impact; (8) recommends well as its vendors. adoption. Paperwork Requirements Annex A These amendments will not impose additional paper- TITLE 40. LIQUOR work requirements. PART I. LIQUOR CONTROL BOARD Statutory Authority CHAPTER 3. LICENSE APPLICATIONS The authority for these amendments is section 207(i) of the Liquor Code (47 P. S. § 2-207(i)). Subchapter D. PHOTOGRAPHS AND CRIMINAL HISTORY RECORD INFORMATION CHECKS Contact Person PHOTOGRAPHS Anyone requiring an explanation of these amendments or information related thereto, should contact Jerry § 3.31. Personal photographs. Danyluk, Room 513, Northwest Office Building, Harris- (a) A photograph shall be furnished to the Board’s burg, PA 17124-0001. representative by the following: Regulatory Review (1) Individuals; members of partnerships; and principal Under section 5(f) of the Regulatory Review Act (71 officers of a corporation applying for Retail Liquor Li- P. S. § 745.5(f)), on November 8, 1999, the Board submit- censes, Retail Dispenser Malt Beverage Licenses, Dis- ted copies of these amendments with proposed rule- tributor Licenses and Importing Distributor Licenses, making omitted to the Independent Regulatory Review except Public Service and Club Licenses. Commission (IRRC) and to the Chairpersons of the House (2) Current managers/stewards and proposed Committee on Liquor Control and Senate Committee on managers/stewards. Law and Justice. On the same date, the amendments were submitted to the Office of Attorney General for (b) The photograph shall: review and approval under the Commonwealth Attorneys (1) Be 1 1/2 inches square and unmounted with a Act (71 P. S. § 732-101—732-506). matte finish. In accordance with section 5(c) of the Regulatory Re- (2) Bear the name of the individual and the address of view Act, these amendments were deemed approved by the licensed premises.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6338 RULES AND REGULATIONS

(3) Be taken within 60 days of the date submitted. with section 614-A of The Administrative Code of 1929 § 3.33. (Reserved). (71 P. S. § 240.14A). A permit will be issued for the calendar year only. Subchapter G. LIMITED WINERY LICENSES § 13.72. (Reserved). § 3.63. Agents. § 13.73. Privileges of vendors’ agents. A limited winery licensee may employ individuals to solicit orders, off the licensed premises, for wine produced (a) Agents may advertise and promote the sale of stock by it or to promote the sale of wines off the premises. merchandise by ‘‘missionary work’’ of only those brands Agents may advertise and promote the sale of merchan- sold to the Board by the vendor by whom the agents are dise by ‘‘missionary work’’ of only brands sold by the employed. The work may include the use of the ‘‘Agents limited winery licensee by whom the agents are employed Order’’ form approved by the Board. and may solicit orders from licensees and make deliveries (b) Agents may solicit orders from retail purchasers for in properly registered vehicles. stock merchandise or gift certificates for the merchandise. Subchapter H. LICENSED DISTILLERIES OF (c) Agents may solicit from licensees or other persons, HISTORICAL SIGNIFICANCE orders for those brands of liquor which have been listed § 3.73. Agents. with the Special Liquor Purchase Division by the vendors by whom the agents are employed. Special orders ob- Agents may advertise and promote the sale of merchan- tained by vendors’ agents shall be filed with one of the dise of brands sold by the licensed distillery of historical State Liquor Stores as required in this subchapter. significance by whom the agents are employed. § 13.74. (Reserved). Subchapter C. WINES § 13.75. (Reserved). AGENTS OF SACRAMENTAL WINE LICENSEES § 13.77. Agents’ order books. § 11.91. Employment of agents. (a) The Board, upon request, will issue order books to A sacramental wine licensee may employ individuals to vendors for themselves and their agents, in which each solicit orders for sacramental wines or to promote the sale special order for liquors shall be entered. Each order shall of the wines. be prepared in quadruplicate and bear the signature and § 11.92. (Reserved). address of the person from whom it is obtained, and the signature of the agent. In the case of a licensee, the order CHAPTER 13. PROMOTION shall include the license number. The original order shall Subchapter B. PROMOTION OF SALE OF LIQUOR be forwarded to a State Liquor Store not later than the BY VENDORS business day after the order is obtained. One copy of the order shall be furnished by the licensed vendor or the § 13.71. Definitions. vendor’s agent to the person from whom the order is The following words and terms, when used in this obtained and one copy shall be retained by the vendor for subchapter, have the following meanings, unless the vendor’s records; and the other copy shall remain in the context clearly indicates otherwise: order book. The Board reserves the right to examine the records of any licensed vendor or the vendor’s agents. Agent—An individual employed by a licensed vendor, to promote the sale of liquor through State Liquor Stores. A § 13.78. Special orders: requirements and condi- person who is a licensee or the holder of a Malt or tions. Brewed Beverage License, or an officer, director, agent or (a) Orders obtained in accordance with this subchapter employe of either a licensee or such a licensee, or who is and presented by licensed vendors or their agents to not at least 21 years of age, and of good character, is not State Liquor Stores for licensees shall be filed at the eligible to be an agent of a vendor under this subchapter. established wholesale case prices prescribed by the Board Licensed vendor—A licensee holding a Manufacturer or for sales to licensees. The wholesale prices apply only Importer License, or a vendor’s permit, and selling liquors when the retail value of the order equals or exceeds the to the Board. minimum retail value established by the Board. Licensee—A natural person, partnership, association or (b) Orders presented at State Liquor Stores by agents corporation holding a Hotel, Restaurant, Club or Public on behalf of persons other than licensees shall be at the Service Liquor License issued by the Board. established retail special liquor order prices. No order may be taken for less than case quantities. Miniature—A container containing less than 6 ounces of a liquor, as prepared for the market. (c) A licensed vendor or the vendor’s agents may not obtain an order from either a licensee or other person Special order listing—The formal filing with the Board, unless there is obtained at the same time a sum not less on its prescribed form, of information the Board requires than the amount required by the Board for deposit on as to brand, age, proof, type, blend, cost, and the like, of special order sales under the Liquor Code. State Liquor liquors to be sold through the Special Liquor Order Stores may, at the time of receiving the order or releasing Division. The listing does not become effective until the liquor to the purchaser, accept the checks of licensees approved by the Board or its authorized representative. in payment. Stock merchandise—Liquors which are obtainable at a (d) A licensed vendor or the vendor’s agent may not State Liquor Store, without placing a special liquor order. extend credit to a licensee or any other person. Vendor’s permit—A permit issued to a nonresident § 13.79. Special orders: restrictions. vendor under section 208(j) of the Liquor Code (47 P. S. § 2-208(j)). An application for the permit shall be filed (a) Licensed vendors and their agents shall place spe- with the Board accompanied by proper fees in accordance cial orders for liquor at State Liquor Stores on the

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 RULES AND REGULATIONS 6339 prescribed order book forms signed by the licensee or an his agents, and under no circumstances will the Common- authorized agent, or in the case of a retail sale, by the wealth or the Board be responsible for actions of a customer. licensed vendor or his agents. (b) Except by special permission of the Board, no § 13.87. Records. special order merchandise may be delivered to a State Liquor Store until the licensed vendor has received from (a) Every licensed vendor shall maintain and keep the Board a formal purchase order calling for the delivery complete records of all operations in this Commonwealth of the liquor. Each case of liquor so delivered shall have for 2 years, which shall be open to inspection by autho- clearly marked thereon, in addition to the information required by Federal or State regulations, the purchase rized representatives of the Board during normal busi- order number, the store order number, the brand and ness hours. These records shall include salaries or com- size, the code number as called for in the purchase order, missions of all agents and other employes working in this and other information the Board may prescribe. Commonwealth, expenses of the employes supported by detailed vouchers, all promotional and advertising expen- (c) Liquor sold to licensees will be released only at the ditures, special order sales, and stock merchandise re- State Store, to the licensee or the licensee’s agent as quests. named on the Wholesale Purchase Permit Card of the licensee. (b) The agents of vendors operating in this Common- (d) Special orders placed by a licensed vendor or the wealth shall maintain complete records covering their vendor’s agent for a retail customer may be released by operations in this Commonwealth. The records shall also the State Liquor Store for delivery to the customer. be open to inspection by authorized representatives of the § 13.81. Samples of liquor. Board during normal business hours. (a) Each agent of a licensed vendor may not use more § 13.102. Discount pricing practices. than one case of each brand of liquor sold by the vendor as samples during any calendar month. The samples shall (a) General. Retail licensees may discount the price of be purchased only through the Board, at a sum equal to alcoholic beverages for a consecutive period of time not to the cost price to the Board plus 25% and any required exceed 2 hours in a business day, but may not engage in taxes. The purchase of samples at retail in any State discount pricing practices between 12 midnight and the Store is prohibited. A separate order for samples shall be legal closing hour. Retail licensees may not engage in the placed for each agent, and the name of the agent shall following discount pricing practices unless specifically appear on the order. The vendor (or the vendor’s autho- excepted in subsection (b): rized supervisor) may be permitted to purchase and distribute to the vendor’s agents the prescribed allotment (1) The sale or serving, or both, of more than one drink for all agents under the vendor’s supervision. The vendor of liquor, wine, or malt or brewed beverages at any one shall, upon request, file with the Board a statement time to any one person, for the price of one drink. giving the name of the vendor’s authorized supervisor, together with the territories and names of all agents (2) The sale or serving, or both, of an increased volume under his supervision. of one drink of liquor, wine, or malt or brewed beverages (b) The samples described in subsection (a) shall be without a corresponding and proportionate increase in the restricted in size to half pints of distilled spirits, and to price for the drink. half bottles or smaller sizes of wine, except when operating conditions do not permit supplying the sizes, in which (3) The sale or serving, or both, of an unlimited or cases the Board may, upon proper application setting indefinite amount of liquor, wine, or malt or brewed forth satisfactory reasons, permit the use of other sizes as beverages for a set price. samples. (4) The pricing of alcoholic beverages in a manner (c) Sample bottles, before leaving the State Liquor which permits the price to change within the 2-hour Store, shall have affixed thereto a separate label, or period. lettering on the commercial label, at least 1/4 inch high, reading: ‘‘Sample. Not to be sold. Possession of this bottle (b) Exceptions. Nothing in subsection (a) prohibits: by licensee unlawful.’’ (d) Each licensed vendor shall keep a permanent stock (1) The sale or serving, or both, of an unlimited or ledger record of all the samples purchased by him, the indefinite amount of liquor, wine or malt or brewed names of the agents to whom samples were issued, and beverages for a fixed price for catered events which have the quantity and brand. Each authorized supervisor of a been arranged at least 24 hours in advance. vendor shall keep in his office in this Commonwealth a permanent stock ledger record of all samples purchased (2) The offering for sale of one specific type of alcoholic and distributed by him to his agents as provided in this beverage or drink per day or a portion thereof at a section. A requisition shall be prepared for each package reduced price, if the offering does not violate subsection removed from sample stock, bearing the signature of the (a). agent receiving the merchandise. (3) The sale, serving or offering of an unlimited or § 13.86. Agency provisions. indefinite amount of alcoholic beverages as part of a meal Licensed vendors and their agents shall, except as package after 7 a.m. on December 31, 1999, until 2 a.m. otherwise restricted in this title, be considered the agents on the following day by a hotel licensee to registered of the persons from whom they obtain special liquor overnight guests of the hotel. orders. Neither the Commonwealth nor the Board will be [Pa.B. Doc. No. 99-2130. Filed for public inspection December 17, 1999, 9:00 a.m.] responsible for the proper disposition of moneys collected from a licensee or other person by a licensed vendor or

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6340 PROPOSED RULEMAKING GAME COMMISSION 5. Cost and Paperwork Requirement The proposed changes will increase the number of [58 PA. CODE CH. 147] subpermits that can be issued but will reduce the number of required reports. Deer Control Permits 7. Effective Date To effectively manage the wildlife resources of this These changes will be effective on final publication in Commonwealth, the Game Commission (Commission) at the Pennsylvania Bulletin and will remain in effect until its October 5, 1999, meeting proposed the following changed by the Commission. amendments: 8. Contact Person Amend Chapter 147, Subchapter R (relating to agricul- For further information on the proposed changes, con- ture deer control) to provide more relief to qualified tact Thomas R. Littwin, Acting Director, Bureau of Law farmers and expand opportunities for junior resident Enforcement, (717) 783-6526, 2001 Elmerton Avenue, license holders. Harrisburg, PA 17110-9797. These proposed amendments will have no adverse VERNON R. ROSS, impact on the wildlife resources of this Commonwealth. Executive Director Fiscal Note: 48-115. No fiscal impact; (8) recommends The authority for the proposal of these proposed adoption. amendments is 34 Pa.C.S. (relating to Game and Wildlife Code) (code). Annex A This proposal was made public at the October 5, 1999, TITLE 58. RECREATION meeting of the Commission, and comments on this pro- PART III. GAME COMMISSION posal may be sent to the Executive Director of the Game CHAPTER 147. SPECIAL PERMITS Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until December 31, 1999. Subchapter R. DEER CONTROL 1. Introduction AGRICULTURE § 147.553. Permit. To more effectively manage the wildlife resources of this Commonwealth, the Commission at its October 5, The deer control permit authorizes the permittee to 1999, meeting proposed amendments to Chapter 147, enlist the aid of a limited number of subpermits. The Subchapter R (relating to deer control). The changes maximum number of subpermits issued will be no more involve the authorization of twice the number of than one for every [ 10 ] 5 acres of land that is under subpermits, the issuance of subpermits to residents under cultivation enrolled in the Deer Damage Area Program 18 years of age and to those who qualify for license and unless the wildlife conservation officer recommends an fee exemptions, and reporting on a monthly rather than increase in the number due to warranted circumstances. weekly basis. This change was proposed under section ***** 2901(b) of the code (relating to regulations for permits). § 147.554. Subpermit. 2. Purpose and Authority The permittee may acquire from the Commission subpermits, not to exceed the number provided for in The regulations currently in place for the issuance of § 147.553 (relating to permit), to be issued to qualified agricultural deer control permits currently authorize the individuals of the permittee’s choosing for the purpose of issuance of a maximum of one subpermit for every 10 removing deer from the permittee’s property by shooting. acres under cultivation (§ 147.553), prohibit issuance of There is no fee charged for the subpermit. Qualifications subpermits to residents under 18 years of age are as follows: (§ 147.554), do not provide for issuance of subpermits to individuals exempt from license and fee requirements and (1) A subpermit will only be issued to residents of this require weekly reports of activities conducted under the Commonwealth who [ are at least 18 years of age permits (§ 147.557). As a result of comments and input and ] possess a valid resident hunting license or qualify received from the agricultural community, the Commis- for license and fee exemptions under section 2706 sion has decided to propose changes in the requirements of the act (relating to resident license and fee as outlined previously. exemptions). Section 2901(b) of the code authorizes the Commission ***** to promulgate regulations for the issuance of any permit. § 147.557. Reporting of deer taken. This provides the authority for the proposed changes. The permittee shall report, on a form provided by the 3. Regulatory Requirements Commission, the number of deer killed and other information the Commission deems necessary. The completed The proposed changes will relax and expand existing report shall be submitted to the district wildlife conserva- requirements. tion officer within 5 days after the end of each [ week ] 4. Persons Affected month while the permit is valid. If no deer are killed, a negative report shall be submitted. Persons wishing to obtain an agricultural deer control [Pa.B. Doc. No. 99-2131. Filed for public inspection December 17, 1999, 9:00 a.m.] permit and their subpermittees will be affected by the proposed changes.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6341 STATEMENTS OF POLICY Title 55—PUBLIC WELFARE Effective Date These statements of policy are effective September 7, DEPARTMENT OF PUBLIC WELFARE 1999. [55 PA. CODE CHS. 3270, 3280 and 3290] FEATHER O. HOUSTOUN, Secretary Release of Children from Day Care (Editor’s Note: The regulations of the Department, 55 Scope Pa. Code Chapters 3270, 3280 and 3290, are amending by adding statements of policy in §§ 3270.117a, 3280.117a These statements of policy apply to: and 3290.116a to read as set forth in Annex A.) (1) Child day care center operators. Fiscal Note: 14-BUL-059. No fiscal impact; (8) recom- (2) Group day care home operators. mends adoption. (3) Family day care home operators. Annex A Purpose TITLE 55. PUBLIC WELFARE The purpose of these statements of policy is to clarify PART V. CHILDREN, YOUTH AND FAMILIES the requirements regarding release of a child in care at MANUAL the facility. Discussion Subpart D. NONRESIDENTIAL AGENCIES, FACILITIES AND SERVICES The Department of Public Welfare regulations require that a child shall be released only to the child’s parent or ARTICLE I. LICENSING/APPROVAL to an individual designated in writing by the enrolling CHAPTER 3270. CHILD DAY CARE CENTERS parent. See §§ 3270.117(a), 3280.117(a) and 3290.116(a)). PROGRAM Questions have been raised about the interpretation of these regulations, specifically whether the reference to § 3270.117a. Release of children—statement of ‘‘the child’s parent’’ means only the enrolling parent or policy. both parents. The facility operator shall release a child to either According to State statute, the singular includes the parent unless a court order states otherwise. plural when constructing regulatory language (See 1 Pa.C.S. § 1902 (relating to number; gender; tense).). This CHAPTER 3280. GROUP DAY CARE HOMES means that the reference to ‘‘the child’s parent,’’ in the PROGRAM singular, also means the child’s parents, in the plural. § 3280.117a. Release of children—statement of Unless stated otherwise by court order, either parent policy. always has the right of release of that person’s child and an operator may not refuse to release the child to either The facility operator shall release a child to either parent. parent unless a court order states otherwise. Policy CHAPTER 3290. FAMILY DAY CARE HOMES PROGRAM A facility operator shall release a child to either parent unless a court order states otherwise. § 3290.116a. Release of children—statement of Contact Person policy. Refer comments and questions regarding these state- The facility operator shall release a child to either ments of policy to: Jennifer Lau, Bureau of Child Day parent unless a court order states otherwise. Care Services, 4th Floor Bertolino Building, 1401 N. 7th [Pa.B. Doc. No. 99-2132. Filed for public inspection December 17, 1999, 9:00 a.m.] St., P. O. Box 2675, Harrisburg, PA 17105-2675, (717) 787-8691.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6342 NOTICES Internal Revenue Code of 1986 (Public Law 99-514, 26 DEPARTMENT OF U.S.C.A. § 501(c)(3)) and include the acquisition of agricultural conservation easements or other conservation AGRICULTURE easements in its stated purpose. Agricultural Advisory Board; Cancellation of Meet- 2. Registration of Eligible Land Trust. An eligible land ing trust seeking reimbursement grants under the Program shall register with the State Board. Registration shall be Due to a lack of agenda items, the Agricultural Advi- accomplished by delivering a registration letter to the sory Board’s (Board) December 15, 1999, meeting has following address: Department of Agriculture, ATTN: Bu- been cancelled. The Board’s next scheduled meeting will reau of Farmland Protection, 2301 North Cameron Street, be held on February 16, 2000, at 10 a.m. in room 105 of Harrisburg, PA 17110-9408. the Rachel Carson State Office Building in Harrisburg. 3. Contents of Registration Letter. A registration letter For further information, contact Dean Auchenbach at shall: (717) 772-5668. a. Set forth a request that the eligible land trust be JAMES M. SEIF, registered with the State Board for the purpose of Secretary receiving reimbursement grants under the Program; [Pa.B. Doc. No. 99-2133. Filed for public inspection December 17, 1999, 9:00 a.m.] b. Be signed by the president or other appropriate officer of the land trust; c. Have enclosed a true and correct copy of the section 501(c)(3) tax-exempt certification issued to the land trust Land Trust Reimbursement Grant Program by the Internal Revenue Service, and any other documentation necessary to demonstrate the section 501(c)(3) The Department of Agriculture (Department) hereby tax-exempt status of the land trust and that the land gives notice that the State Agricultural Land Preservation trust has the acquisition of agricultural conservation Board (State Board) has allocated $500,000 from the easements or other conservation easements as its stated Supplemental Agricultural Conservation Easement Pur- purpose; and chase Account for the purposes of the grant program d. If the land trust seeks to be registered to receive described in section 1716(a)(3) of The Administrative reimbursement grants with respect to agricultural conser- Code of 1929 (71 P. S. § 456(a)(3)), and for reimbursing vation easements it acquires in a county that is an the Department the expenses it incurs in administrating ‘‘eligible county’’ under section 3 (3 P. S. § 913) of the this grant program. The allocation was made at the State Agricultural Area Security Law (an ‘‘eligible county’’ is a Board meeting held on December 3, 1999. The grant county whose agricultural conservation easement pur- program funded by this allocation shall be known as the chase program has been approved by the State Board), Land Trust Reimbursement Grant Program (Program). have enclosed a letter from either the Director or the Act 15 of 1999 added a new section—Section 1716 (71 Chairperson of the Agricultural Land Preservation Board P. S. § 456)—to The Administrative Code of 1929. That in that eligible county verifying that the land trust section authorizes the State Board to allocate up to coordinates its farmland preservation activities with the $500,000 from the Supplemental Agricultural Conserva- farmland preservation activities of the county. tion Easement Purchase Account for reimbursement 4. Acknowledgement of Registration. The Department grants to be awarded among qualified land trusts and to will promptly provide an eligible land trust that delivers the Department for expenses it incurs in administering a complete registration letter as described in the preced- the distribution of these grants. Funds from this alloca- ing paragraph with written confirmation that the eligible tion may be encumbered through June 30, 2000. Beyond land trust is registered to receive reimbursement grants that date, the allocation expires and the Department may under the Program. no longer encumber these funds for grants under the Program. 5. Application for Reimbursement Grant—Forms. Reim- An individual grant will reimburse a qualified land bursement grant application forms may be downloaded trust up to $5,000 of the expenses it has incurred in from the Department’s website: www.pda.state.pa.us. The acquiring an ‘‘agricultural conservation easement,’’ as that Department will also provide reimbursement grant appli- term is defined in the Agricultural Area Security Law (3 cation forms upon written request to the address set forth P. S. §§ 901—915). These expenses include appraisal in paragraph (2) or upon requests telephoned to the costs, legal services, title searches, document preparation, Department’s Bureau of Farmland Protection, at (717) title insurance, closing fees and survey costs. 783-3167. The Department will also enclose a reimbursement grant application form with any ‘‘Acknowledgement The statutory language establishing the Program is of Registration’’ described in paragraph (4). self-executing. The following restates the statutory procedures and standards under which grants will be awarded 6. Application for Reimbursement Grant—Timing. If an under the Program, and provides references to sources of eligible land trust is registered to receive reimbursement further information or assistance. grants under the Program it may, within 60 days of closing on the acquisition of an agricultural conservation 1. Eligible Land Trust. In order to be eligible to easement, deliver to the State Board a written application register with State Board and to receive reimbursement for a reimbursement grant under the Program. An eligible grants under the Program, a land trust must be a land trust may submit a reimbursement grant application tax-exempt institution under section 501(c)(3) of the with respect to an agricultural conservation easement

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 NOTICES 6343 acquisition that predates the publication date of this 9. Notice of Decision. The State Board will, within 10 notice, as long as it meets the referenced 60-day filing days of completing its review, mail a reimbursement deadline. grant applicant written notice as to whether the reim- 7. Application for Reimbursement Grant—Content. A bursement grant application is approved. If the applica- reimbursement grant application shall be delivered to the tion is not approved, the written notice will specify the address set forth in paragraph (2) and shall: basis for disapproval. a. Request a reimbursement of costs incidental to the 10. Counties that are not ‘‘Eligible Counties.’’ Under the acquisition of an agricultural conservation easement; Agricultural Area Security Law (at 3 P. S. § 903), an b. Have enclosed a statement of the costs (such as costs ‘‘eligible county’’ is a county whose agricultural conserva- of appraisals, legal services, title searches, document tion easement purchase program has been approved by preparation, title insurance, closing fees and surveys) the State Board. If an eligible land trust that is regis- incidental to the acquisition of the agricultural conserva- tered to receive reimbursement grants seeks a reimburse- tion easement; and ment grant with respect to an agricultural conservation c. Have enclosed a true and correct copy of the re- easements it acquires in a county that is not an ‘‘eligible corded deed of agricultural conservation easement. county,’’ it must coordinate its farmland preservation 8. State Board Review. The State Board will review any activities in that county with the farmland preservation complete, timely application for a reimbursement grant activities of the State Board. within 60 days of receipt. The Department shall stamp or 11. Expiration of Allocation/Encumbrance of Allocated otherwise identify each complete reimbursement grant application to record the date and the order in which Funds. The $500,000 allocation made in this notice is these applications are received. The State Board will available through June 30, 2000. Allocated funds that are consider reimbursement grant applications in the order not ‘‘encumbered’’ by that date will not be available for they are received. The State Board may not approve a distribution under the Program. Allocated funds will be reimbursement grant application unless all of the follow- considered encumbered as of the date the Department ing criteria are met: receives a complete, timely reimbursement grant application and records the date of receipt on the application in a. The application meets the requirements of 71 P. S. accordance with paragraph (8). For example, if an eligible § 456. land trust delivers a complete, timely reimbursement b. The land use restrictions imposed under the deed of grant application to the Department on or before June 30, agricultural conservation easement are comparable to 2000, and there remain allocated funds for the grant, restrictions imposed under a deed of agricultural conser- these allocated funds will be considered encumbered and vation easement acquired in accordance with the Agricul- the grant may subsequently be awarded. If an eligible tural Area Security Law. land trust delivers a complete, timely reimbursement c. The land subject to the agricultural conservation grant application to the Department after June 30, 2000, easement is economically viable for agricultural produc- though, the allocation of funds for reimbursement grants tion. A tract of land is economically viable for agricultural under the Program will have lapsed and no grant may be production if it meets the criteria set forth in 7 Pa. Code awarded. § 138e.16(a) (relating to minimum criteria for applications), which are as follows: 12. No Right or Entitlement to Allocated or Encum- bered Funds. The referenced allocation of funds does not i. The land is in an agricultural security area consist- create in an eligible land trust a right or entitlement to a ing of 500 acres or more. grant from these allocated funds. Similarly, the encum- ii. The land is contiguous acreage of at least 50 acres brance of allocated funds does not create such a right or in size unless the tract is at least 10 acres in size and is entitlement. State Board approval of a reimbursement either utilized for a crop unique to the area or is grant application is the event that establishes entitlement contiguous to a property which has a perpetual conserva- of the applicant to the grant funds sought, provided tion easement in place which is held by a ‘‘qualified allocated funds are available in an amount adequate to conservation organization,’’ as that term is defined in fund the grant. section 170(h)(3) of the Internal Revenue Code (26 U.S.C.A. § 170(h)(3)). 13. Additional Information. Further information may be obtained by contacting the Department of Agriculture, iii. The land contains at least 50% of soils which are Attn: Raymond C. Pickering, Director, Bureau of Farm- both available for agricultural production and of land land Protection, 2301 North Cameron Street, Harrisburg, capability classes I-IV, as defined by the USDA-NRCS. PA 17110-9408, (717) 783-3167. iv. The land contains the greater of 50% or 10 acres of SAMUEL E. HAYES, Jr., harvested cropland, pasture or grazing land. Secretary d. There are sufficient unencumbered funds available [Pa.B. Doc. No. 99-2134. Filed for public inspection December 17, 1999, 9:00 a.m.] to fund the reimbursement grant amount sought in the reimbursement grant application.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6344 NOTICES DEPARTMENT OF BANKING Action on Applications

The Department of Banking of the Commonwealth of Pennsylvania, under the authority contained in the act of November 30, 1965 (P. L. 847, No. 356), known as the Banking Code of 1965; the act of December 14, 1967 (P. L. 746, No. 345), known as the Savings Association Code of 1967; the act of May 15, 1933 (P. L. 565, No. 111), known as the Department of Banking Code; and the act of December 19, 1990 (P. L. 834, No. 198), known as the Credit Union Code, has taken the following action on applications received for the week ending December 7, 1999.

BANKING INSTITUTIONS

Holding Company Acquisitions Date Name of Corporation Location Action 12-1-99 NBT Bancorp, Inc., Norwich, New Norwich, NY Approved York, to acquire 100% of the voting shares of Lake Ariel Bancorp, Inc., Lake Ariel, Pennsylvania, and thereby indirectly acquire LA Bank, National Association, Lake Ariel, PA

Consolidations, Mergers and Absorptions Date Name of Bank Location Action 12-1-99 First Union National Bank, Charlotte, NC Effective Charlotte, NC, and Meridian Trust Company, Reading, PA Surviving Institution—First Union National Bank, Charlotte, NC

Branch Applications Date Name of Bank Location Action 12-2-99 East Penn Bank Emmaus High School Opened Emmaus 851 North Street Lehigh County Emmaus Lehigh County 12-3-99 Mauch Chunk Trust Company 1202 North Street Approved Jim Thorpe Jim Thorpe Carbon County Carbon County 12-3-99 The Drovers & Mechanics Bank 30 West Patrick St. Approved York Frederick York County Frederick County, MD 12-6-99 The Glen Rock State Bank 3090 Cape Horn Road Approved Glen Rock Red Lion York County York County

Articles of Amendment Date Name of Bank Purpose Action 12-1-99 Meridian Trust Company Amendment to Article Three Effective Reading provides for a change in the Berks County purpose clause to that of a bank and trust company.

SAVINGS ASSOCIATIONS No activity.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 NOTICES 6345

CREDIT UNIONS Conversions Date Name of Credit Union Location Action 12-1-99 Atlantic Employees Federal 16 Campus Boulevard Effective Credit Union Newtown Square Newtown Square Delaware County Delaware County To: Atlantic Credit Union Newtown Square Delaware County Represents conversion from a Federally-chartered credit union to a State-chartered credit union. Consolidations, Mergers and Absorptions Date Name of Credit Union Location Action 12-1-99 Philadelphia District Railway Philadelphia Effective Postal Clerks Federal Credit Union, Philadelphia, and Mutual Credit Union, Philadelphia Surviving Institution—Philadelphia District Railway Postal Clerks Federal Credit Union, Philadelphia 12-2-99 Atlantic Credit Union, Newtown Square Approved Newtown Square, and P.S.W.C. Employees Credit Union, Bryn Mawr Surviving Institution—Atlantic Credit Union, Newtown Square DAVID E. ZUERN, Secretary [Pa.B. Doc. No. 99-2135. Filed for public inspection December 17, 1999, 9:00 a.m.]

DEPARTMENT OF ENVIRONMENTAL PROTECTION Applications, Actions and Special Notices

APPLICATIONS APPLICATIONS RECEIVED UNDER THE PENNSYLVANIA CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT [National Pollution Discharge Elimination System Program (NPDES)] DISCHARGE OF CONTROLLED INDUSTRIAL WASTE AND SEWERAGE WASTEWATER (Part I Permits) The following parties have applied for an NPDES permit to discharge controlled wastewaters into the surface waters of this Commonwealth. Unless otherwise indicated on the basis of preliminary review and application of lawful standards and regulations, the Department of Environmental Protection (Department) proposes to issue a permit to discharge, subject to certain effluent limitations and special conditions. These proposed determinations are tentative. Where indicated the EPA, Region III, Administrator has waived the right to review or object to this proposed permit action under the waiver provision 40 CFR 123.6E. Persons wishing to comment on the proposed permit are invited to submit a statement to the office noted above the application within 30 days from the date of this public notice. Comments received within this 30-day comment period will be considered in the formulation of the final determinations regarding this application. Responses should include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of a comment and the relevant facts upon which it is based. A public hearing may be held if the responsible office considers the public response significant. Following the 30-day comment period, the Water Management Program Manager will make a final determination regarding the proposed permit. Notice of this determination will be published in the Pennsylvania Bulletin at which time this determination may be appealed to the Environmental Hearing Board.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6346 NOTICES

The application and related documents, proposed effluent limitations and special conditions, comments received and other information are on file and may be inspected and arrangements made for copying at the office indicated above the application. Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodations to participate in the proceeding should contact the Secretary to the Board at (717) 787-3483. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.

Applications for National Pollutant Discharge Elimination System (NPDES) permit to discharge to State waters. Southeast Regional Office: Regional Manager, Water Management, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428, (610) 832-6130. PA 0057720. Industrial waste, Sunny Dell Foods, Inc., 214 South Mill Road, Kennett Square, PA 19348. This application is for issuance of an NPDES permit to discharge treated process wastewater (Outfall 001) and cooling water (Outfall 002) from Sunny Dell Foods, Inc. facility in Kennett Township, Chester County. This is a new discharge to West Branch Red Clay Creek. The receiving stream is classified for the following uses: trout stocking fishery, aquatic life, water supply and recreation. The proposed effluent limits for Outfall 001 (process water), based on an average flow of 50,000 gpd are as follows: Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l)

CBOD5 10 20 25 Total Suspended Solids 30 45 60 Oil and Grease 15 30 pH within limits of 6.0—9.0 standard units at all times Total Dissolved Solids 1,000 2,000 2,500 NH3-N 2.0 4.0 5.0 Dissolved Oxygen minimum of 5.0 mg/l at all times Fecal Coliform # 200/100 ml The effluent limits for Outfall 002 (cooling water) based on an average flow of 90,000 gpd are as follows: Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l)

CBOD5 10 20 25 Total Suspended Solids 30 45 60 NH3-N 2.0 4.0 5.0 Fecal Coliform #200/100 ml Total Residual Chlorine 0.5 1.0 1.2 Dissolved Oxygen minimum of 5.0 mg/l at all times pH within limits of 6.0—9.0 standard units at all times

Instantaneous Temperature Daily Average °F Maximum °F January 1-January 31 87 110 February 1-February 29 83 110 March 1-May 31 110 110 June 1-June 15 92 110 June 16-June 30 108 110 July 1-July 31 78 110 August 1-October 15 110 110 October 16-October 31 98 110 November 1-November 15 110 110 November 16-November 30 73 110 December 1-December 31 77 110 Other Conditions: The EPA waiver is in effect. Conditions for future permit modification. Effective disinfection. Thermal Requirements. TRC Requirement No Chemical Additives TMDL/WLA Data

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 NOTICES 6347

PA 0050911. Sewage, Upper Perkiomen School District, 201 West Fifth Street, East Greenville, PA 18041. This application is for renewal and amendment of an NPDES permit to discharge treated sewage from Marlborough Elementary School District STP in Marlborough Township, Montgomery County. This is an existing discharge to Green Lane Reservoir. The receiving stream is classified for the following uses: trout stocking fishery, aquatic life, water supply and recreation. The proposed effluent limits for Outfall 001, from permit issuance lasting through completion of new WWTP based on an average flow of 4,000 gpd are as follows: Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l)

CBOD5 25 50 Suspended Solids 30 60 Ammonia (as N) 20 40 Phosphorus (as P) 0.5 1.0 Fecal Coliform 200 colonies/100 ml as a geometric average Dissolved Oxygen minimum of 2.0 mg/l at all times pH within limits of 6.0—9.0 standard units at all times Total Residual Chlorine (issuance thru year 2) 0.7 1.5 (year 3 thru expiration) 0.5 1.2 The proposed effluent limits for Outfall 001, from completion of new WWTP lasting through expiration, based on an average flow of 4,250 gpd are as follows: Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l)

CBOD5 25 50 Total Suspended Solids 30 60 Ammonia as N 20 40 Phosphorus as P 0.5 1.0 Fecal Coliform 200 colonies/100 ml as a geometric average Dissolved Oxygen minimum of 2.0 mg/l at all times pH within limits of 6.0—9.0 standard units at all times

Other Conditions: The EPA waiver is in effect. Conditions for future permit modification. Effective disinfection.

DISCHARGE OF CONTROLLED INDUSTRIAL within 15 calendar days from the date of this issue of the WASTE AND SEWERAGE WASTEWATER Pennsylvania Bulletin. A copy of each permit application and proposed plan is on file in the office indicated and is Applications under the Pennsylvania Clean open to public inspection. Streams Law Persons with a disability who wish to attend the (Part II Permits) hearing and require an auxiliary aid, service or other The following permit applications and requests for plan accommodation to participate in the proceedings, should approval have been received by the Department of Envi- contact the specified program. TDD users may contact the ronmental Protection. Persons objecting on the grounds of Department through the Pennsylvania AT&T Relay Ser- public or private interest to the approval of an application vice at (800) 654-5984. or submitted plan may file a written protest with the Department of Environmental Protection at the address Industrial waste and sewerage applications re- indicated above each permit application or plan. Each ceived under The Clean Streams Law (35 P. S. written protest should contain the following: name, ad- §§ 691.1—691.1001). dress and telephone number; identification of the plan or application to which the protest is addressed and a Northwest Regional Office: Regional Water Management concise statement in sufficient detail to inform the De- Program Manager, 230 Chestnut Street, Meadville, PA partment of the exact basis of the protest and the 16335-3481, (814) 332-6942. relevant facts upon which it is based. The Department WQM Permit No. 2099414. Sewage. Spartansburg may conduct a fact-finding hearing or an informal confer- Borough, P. O. Box 222, Spartansburg, PA 16434. This ence in response to any given protests. Each writer will project is for the construction and operation of a wastewa- be notified in writing of the time and place if a hearing or ter treatment facility located in Spartansburg Borough conference concerning the plan, action or application to and Sparta Township, Crawford County. which the protest relates is held. To insure consideration by the Department prior to final action on permit applica- WQM Permit No. 6299415. Sewage. Glade Township tions and proposed plans, initial protests and additions or Municipal Authority, 99 Cobham Park Road, Warren, amendments to protests already filed should be filed PA 16365. This project is for the construction and opera-

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6348 NOTICES tion of pump stations and sewer extensions to service construction activity located in Edgmont Township, Dela- several areas in Glade Township, Warren County. ware County, to Ridley Creek. WQM Permit No. 4399428. Sewage, Jay C. Lynch, 69 S. Summit Road, Greenville, PA 16125. This project is Northeast Regional Office: Water Management Pro- for the construction of a Single Residence Sewage Treat- gram, Two Public Square, Wilkes-Barre, PA 18711. ment Plant in West Salem Township, Mercer County. NPDES Permit PAS142202. Stormwater. Packaging INDIVIDUAL PERMITS Corporation of America, P. O. Box 58, Trexlertown, PA (PAS) 18087 has applied to discharge stormwater from an industrial site located in Upper Macungie Township, NPDES INDIVIDUAL Lehigh County, to Iron Run. The following parties have applied for an NPDES Northampton County Conservation District, District permit to discharge storm water from a proposed con- Manager, Greystone Building, Gracedale Complex, struction activity into the surface waters of the Common- Nazareth, PA 18064-9211, (610) 746-1971. wealth. Unless otherwise indicated, on the basis of preliminary review and application of lawful standards and NPDES Permit PAS10U122. Stormwater. Atul Patel, regulations, the Department of Environmental Resources President, H.M.B. Management, Inc., 2375 Woodland proposes to issue a permit to discharge, subject to certain Drive, Allentown, PA 18103, has applied to discharge limitations set forth in the permit and special conditions. stormwater from a construction activity located in Palmer The proposed determinations are tentative. Limitations Township, Northampton County, to Bushkill Creek. are provided in the permit as erosion and sedimentation control measures and facilities which restrict the rate and NPDES Permit PAS10U123. Stormwater. Dave quantity of sediment discharged. Schumacher, Schumacher, Inc., 3765 Highland St., Where indicated, the EPA, Region III, Regional Admin- Allentown, PA 18104, has applied to discharge storm- istrator has waived the right to review or object to this water from a construction activity located in Forks Town- proposed permit action under the waiver provision of 40 ship, Northampton County, to Bushkill Creek. CFR 123.24(d). Northcentral Regional Office: Regional Water Manage- Persons wishing to comment on the proposed permit ment Program Manager, 208 W. 3rd St., Suite 101, are invited to submit a statement to the office noted above the application within 30 days from the date of this Williamsport, PA 17701, (717) 327-3574. public notice. Comments reviewed within this 30-day Centre County Conservation District, 414 Holmes Ave., permit will be considered in the formulation of the final Suite 5, Bellefonte, PA 16823. determinations regarding this application. Responses should include the name, address and telephone number NPDES Permit PAS10F081. Stormwater. David of the writer and a concise statement to inform the Nevins, Cedar Cliff Subdivision, P. O. Box 10414, Department the exact basis of a comment and the State College, PA 16805 has applied to discharge relevant facts upon which it is based. A public hearing may be held if the responsible office considers the public stormwater from a construction activity located in Patton response significant. Township, Centre County to Buffalo Run. Following the 30-day comment period, the Water Man- Southwest Regional Office: Regional Water Management agement Program Manager will make a final determina- Program Manager, 400 Waterfront Drive, Pittsburgh, PA tion regarding the proposed permit. Notice of this deter- 15222-4745, (412) 442-4000. mination will be published in the Pennsylvania Bulletin at which time this determination may be appealed to the NPDES PAS1021022. Stormwater. Jackson Town- Environmental Hearing Board. ship Water Authority, 2949 William Penn Avenue, The application and related documents, including the Johnstown, PA 15909 has applied to discharge storm- erosion and sedimentation control plan for the construc- water from a construction site located in Jackson Town- tion activity, are on file and may be inspected at the office ship, Cambria County to Laurel Run and Saltlick Run. noted above the application. Persons with a disability who wish to attend the SAFE DRINKING WATER hearing and require an auxiliary aid, service or other accommodation to participate in the proceedings, should Application received under the Pennsylvania Safe contact the specified program. TDD users may contact the Drinking Water Act (35 P. S. §§ 721.1—721.17). Department through the Pennsylvania AT&T Relay Ser- vice at (800) 654-5984. Northeast Regional Office: Sanitarian Regional Man- Southeast Regional Office: Regional Water Management ager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) Program Manager, Lee Park, Suite 6010, 555 North Lane, 826-2511. Conshohocken, PA 19428-2233, (610) 832-6130. 5499505. Public water supply. Mountain Water Au- NPDES Permit PAS10-G393. Stormwater. Brian F. thority of Joliett, Charles Yerges, Treasurer, 23 Joliett Forcine, Forcine Concrete, 2403 Yellow Springs Road, Street, Joliett, PA 17981. This proposal involves the Malvern, PA 19355, has applied to discharge stormwater addition of Corrosion Control treatment facilities consist- from a construction activity located in East Whiteland ing of pH/Alkalinity adjustment with soda ash with Township, Chester County, to Little Valley Creek. provisions for the addition of corrosion inhibitor, zinc NPDES Permit PAS10-J046. Stormwater. Edgemont orthophosphate. It is located in Porte and Tremont Town- Realty Associates, 1595 Paoli Pike, West Chester, PA ships, Schuylkill County. Engineer: Angelo Tesoriero, 19380-6167, has applied to discharge stormwater from a PE, Geo Source Engineers.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 NOTICES 6349

LAND RECYCLING AND Southeast Regional Office: Environmental Cleanup Pro- gram Manager, Lee Park, Suite 6010, 555 North Lane, ENVIRONMENTAL REMEDIATION Conshohocken, PA 19428, (610) 832-5950. Under Act 2, 1995 Estate of Martin Spinelli, Tredyffrin Township, Preamble 1 Chester County. William G. Murray, URS Greiner Woodward Clyde, 1400 Union Meeting Road, Suite 202, Acknowledgment of Notices of Intent to Remediate Blue Bell, PA 19422-1972, has submitted a Notice of submitted under the Land Recycling and Envi- Intent to Remediate site soil contaminated with lead and ronmental Remediation Standards Act (35 P. S. BTEX. The applicant proposes to remediate the site to §§ 6026.101—6026.908). meet the Statewide health standard. A summary of the Notice of Intent to Remediate was reported to have been Sections 302, 303, 304 and 305 of the Land Recycling published in Suburban & Wayne Times, on October 28, and Environmental Remediation Standards Act (act) re- 1999. quire the Department of Environmental Protection (De- L. B. Smith Property, Plymouth Township, Mont- partment) to publish in the Pennsylvania Bulletin an gomery County. J. Curtis Hatfield, P.E., Pennoni Associ- acknowledgment noting receipt of any Notices of Intent to ates, Inc., 3001 Market Street, Philadelphia, PA 19104, Remediate. An acknowledgment of the receipt of a Notice has submitted a Notice of Intent to Remediate site soil/fill of Intent to Remediate is used to identify a site where a and groundwater contaminated with asbestos. The appli- person proposes to, or has been required to, respond to a cant proposes to remediate the site to meet a combination release of a regulated substance at a site. Persons of Statewide health and site specific standards. A sum- intending to use the background standard, Statewide mary of the Notice of Intent to Remediate was reported to health standard, the site-specific standard, or who intend have been published in The Times Herald on November 8, to remediate a site as a special industrial area, must file 1999. a Notice of Intent to Remediate with the Department. A Notice of Intent to Remediate filed with the Department Schramm, Inc., West Goshen Township, Chester provides a brief description of the location of the site, a County. David B. Farrington, P. G., Walter B. Sat- list of known suspected contaminants at the site, the therthwaite Associates, Inc., 720 Old Fern Hill Road, proposed remediation measures for the site, and a de- West Chester, PA 19380, has submitted a Notice of Intent scription of the intended future use of the site. A person to Remediate site groundwater contaminated with sol- who demonstrates attainment of one, or a combination of vents. The applicant proposes to remediate the site to the cleanup standards, or who receives approval of a meet background standards. A summary of the Notice of special industrial area remediation identified under the Intent to Remediate was reported to have been published act, will be relieved of further liability for the remediation in Daily Local News on November 19, 1999. of the site for any contamination identified in reports Northeast Regional Field Office: Joseph A. Brogna, submitted to and approved by the Department. Further- Regional Environmental Cleanup Program Manager, 2 more, the person shall not be subject to citizen suits or Public Square, Wilkes-Barre, PA 18711-0790, (570) 826- other contribution actions brought by responsible persons 2511. not participating in the remediation. Pennsylvania Power & Light Company (PP&L)— Under sections 304(n)(l)(ii) and 305(c)(2) of the act, Distribution Pole No. 71189S53648 (Rt. 611), Bangor there is a 30-day public and municipal comment period Borough, Northampton County. PP&L, Environmental for sites proposed for remediation using a site-specific Management Division, 2 North Ninth Street, Allentown, standard, in whole or in part, and for sites remediated as PA 18101 has submitted a Notice of Intent to Remediate a special industrial area. This period begins when a concerning the remediation of site soils found to be summary of the Notice of Intent to Remediate is pub- contaminated with PCBs (polychlorinated biphenyls). The lished in a newspaper of general circulation in the area of notice indicates that the site will be remediated to meet the site. For the site(s) identified below proposed for the Statewide human health standard. remediation to a site-specific standard or as a special Industrial Engraving—Knox Facility (1101 Knox industrial area, the municipality, within which the site is Avenue), Forks Township, Northampton County. Floyd located, may request to be involved in the development of R. Lear, III, President, Industrial Engraving Company, the remediation and reuse plans for the site if the request Inc., 1350 Sullivan Trail, P. O. Box 311, Easton, PA is made within 30 days of the date specified. During this 18044-0311, has submitted a Notice of Intent to Remedi- comment period the municipality may request that the ate concerning the remediation of site groundwater found person identified below, as the remediator of the site, to have been contaminated with chlorinated solvent com- develop and implement a public involvement plan. Re- pounds. The applicant proposes to remediate the site to quests to be involved, and comments, should be directed meet the site-specific standard. A summary of the Notice to the remediator of the site. of Intent to Remediate was reportedly published in The For further information concerning the content of a Express Times on October 24, 1999. This notice corrects Notice of Intent to Remediate, please contact the Environ- one previously published on November 13, 1999. mental Cleanup Program Manager in the Department of Southwest Field Office: John J. Matviya, Environmen- Environmental Protection Regional Office under which tal Cleanup Program Manager, 400 Waterfront Drive, the notice appears. If information concerning this ac- Pittsburgh, PA 15222-4745, (412) 442-5217. knowledgment is required in an alternative form, contact the Community Relations Coordinator at the appropriate Engineered Products, Inc. Property, Canonsburg Regional Office listed. TDD users may telephone the Borough and North Strabane Township, Washington Department through the AT&T Relay Service at (800) County. Engineered Products, Inc. Property, 1844 654-5984. Ardmore Boulevard, Pittsburgh, PA 15221 and James S. Zubrow, Key Environmental, Inc., Rosslyn Farms Indus- The Department has received the following Notices of trial Park, 1200 Arch Street, Suite 200, Carnegie, PA Intent to Remediate: 15106 has submitted a Notice of Intent to Remediate soil

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6350 NOTICES contaminated with lead. The applicant proposes to in volume at this municipal waste landfill, located in remediate the site to meet the Statewide Health Stan- Lower Saucon Township, Northampton County.The dard. A summary of the Notice of Intent to Remediate application was received in the Regional Office on October was reported to have been published in the Washington 26, 1999; and as of November 3, 1999, the application was Observer Reporter on November 22, 1999. found to be administratively complete. SOLID AND HAZARDOUS WASTE REQUEST FOR PROPOSALS FOR MUNICIPAL SOLID WASTE CAPACITY BENEFICIAL USE DETERMINATIONS The following notices are placed through the De- Application received under the Solid Waste Man- partment of Environmental Protection as re- agement Act (35 P. S. §§ 6018.101—6018.1003); the quired by section 502(d) of the Municipal Waste Municipal Waste Planning, Recycling and Waste Planning, Recycling and Waste Reduction Act (53 Reduction Act (53 P. S. §§ 4000.101—4000.1904); P. S. § 4000.502) and the residual waste regulations for a general permit to operate residual waste processing facil- Luzerne County through the Solid Waste Department ities and the beneficial use of residual waste is soliciting disposal/processing facilities to provide all or other than coal ash. part of the disposal capacity required annually for Luzerne County municipal waste for the next 10 years. Central Office: Division of Municipal and Residual Interested parties should contact the Luzerne County Waste, 14th Floor, Rachel Carson State Office Building, Solid Waste Department at (570) 820-6300 to obtain a 400 Market Street, Harrisburg, PA 17101-2301. copy of the Facility Qualification Request, which will be General Permit Application No. WMGR065. used to qualify facilities to participate in the Luzerne Bethlehem Steel Corporation, 1170 Eighth Avenue, County Municipal Waste Management Plan. Responses to Bethlehem, PA 18106-7699. General Permit Number the Facility Qualification Request must be submitted on WMGR065 for beneficial use, in the Northeast Region, of or before March 31, 2000, at 3 p.m. various wastes from steelmaking and foundry operations for use as construction fill at a site undergoing remedia- AIR QUALITY tion under Act 2. The Department accepted the applica- Notice of Plan Approval and Operating Permit tion as administratively complete on December 3, 1999. Applications Comments concerning the application should be directed Nonmajor Sources and Modifications to Ronald C. Hassinger, Chief, General Permits and Beneficial Use Section, Division of Municipal and Re- The Department of Environmental Protection (Depart- sidual Waste, Bureau of Land Recycling and Waste ment) has developed an ‘‘integrated’’ plan approval, State Management, P. O. Box 8472, Harrisburg, PA 17105-8472. operating permit and Title V operating permit program. Persons interested in obtaining more information about This integrated approach is designed to make the permit- the general permit application may contact the Division ting process more efficient for the Department, the regu- at (717) 787-7381. TDD users may contact the Depart- lated community and the public. This approach allows the ment through the Pennsylvania Relay Service, (800) owner or operator of a facility to complete and submit all 654-5984. Public comments must be submitted within 60 the permitting documents relevant to its application one days of this notice and may recommend revisions to, and time, affords an opportunity for public input and provides approval or denial of the application. for sequential issuance of the necessary permits. OPERATE WASTE PROCESSING OR DISPOSAL Notice is hereby given that the Department has re- AREA OR SITE ceived applications for plan approvals and/or operating permits from the following facilities. Although the sources Applications submitted under the Solid Waste Man- covered by these applications may be located at a major agement Act (35 P. S. §§ 6018.101—6018.1003), the facility, the sources being installed or modified do not Municipal Waste Planning, Recycling and Waste trigger major new source review or prevention of signifi- Reduction Act (53 P. S. §§ 4000.101—4000.1904) cant deterioration requirements. and regulations to operate solid waste processing Copies of these applications, subsequently prepared or disposal area or site. draft permits, review summaries and other support materials are available for review in the Regional Offices Regional Office: Northeast Regional Office, Regional identified in this notice. Persons interested in reviewing Solid Waste Manager, 2 Public Square, Wilkes-Barre, PA the application files should contact the appropriate re- 18711-0790, (717) 826-2511. gional office to schedule an appointment. Permit I. D. No. 603281. Pocono Grow Fertilizer Persons wishing to file protests or comments on the Corporation, P. O. Box 406, East Stroudsburg, PA proposed plan approval and/or operating permits must 18301. An application for permit reissuance of this mu- submit the protest or comment within 30 days from the nicipal waste (special handling waste/sewage sludge date of this notice. Interested person may also request septage) processing facility, located in East Stroudsburg that a hearing be held concerning the proposed plan Borough, Monroe County. The application was received approval and operating permit. Any comments or protests in the Regional Office on September 15, 1999; and as of filed with the Department Regional Offices must include November 3, 1999, the application was found to be a concise statement of the objections to the issuance of administratively complete. the plan approval or operating permit and relevant facts Permit I. D. No. 100020. IESI PA Bethlehem Land- which serve as the basis for the objections. If DEP fill (Eastern Waste of Bethlehem, Inc. Landfill),IESI schedules a hearing, a notice will be published in the PA Bethlehem Landfill Corporation, 2335 Applebutter Pennsylvania Bulletin at least 30 days prior the date of Road, Bethlehem, PA 18015. A major permit modification the hearing. to revise the excavation grades of Cell 3-D and lower the Final plan approvals and operating permits will contain final contours to maintain the capacity without a change terms and conditions to ensure that the source is con-

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 NOTICES 6351 structed and operating in compliance with applicable renting and leasing facility. The facility’s air emission requirements in 25 Pa. Code Chapters 121 through 143, sources include a paint booth in the City of Philadelphia, the Federal Clean Air Act and regulations adopted under Philadelphia County. the act. S95-040: SmithKline Beecham Pharmaceuticals OPERATING PERMITS (1500 Spring Garden Street, Philadelphia, PA 19130) for operation of offices and warehouse operations from mail, Applications received and intent to issue Operating packaging components and paper, and unassigned space. Permits under the Air Pollution Control Act (35 The facility’s air emission sources include two 33.5 P. S. §§ 4001—4015). MMBTU/hr boilers and one emergency generator in the City of Philadelphia, Philadelphia County. Southcentral Regional Office: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4702. N97-009: Belmont Center for Comprehensive Treatment (4200 Monument Avenue, Philadelphia, PA 38-03003A: Bayer Corp. (400 W. Stoever Avenue, 19131) for operation of a psychiatric hospital. The facili- Myerstown, PA 17067) for operation of a tablet spray ty’s air emission sources include two 200 HP boilers, one coater controlled by a fabric collector in Myerstown 45 HP boiler, and one emergency generator in the City of Borough, Lebanon County. Philadelphia, Philadelphia County. 06-05080: O. B. Dyers, Inc. (45 Noble Street, Reading, N98-001: Consolidated Drake Press (5050 Parkside PA 19611) for a Synthetic Minor Operating Permit for a Avenue, Philadelphia, PA 19131) for operation of a com- fabric dyeing process in the City of Reading, Berks mercial printing facility. The facility’s air emission County. sources include five non-heatset sheetfed offset litho- Northcentral Regional Office: Air Quality Program, 208 graphic printing presses and two 70 HP boilers in the West Third Street, Suite 101, Williamsport, PA 17701, City of Philadelphia, Philadelphia County. (570) 327-3637. N96-046: National Publishing Co. (11311 Roosevelt 49-319-001: Arcos Alloys (1 Arcos Drive, Mt. Carmel, Boulevard, Philadelphia, PA 19154) for operation of a PA 17851) for operation of four cold continuous web wire facility that prints and publishes bibles and books. The degreasers (No. 14, 15, 16 and 17) in Mt. Carmel facility’s air emission sources include a 10 MMBTU/hr Township, Northumberland County. These degreasers boiler, a 6.7 MMBTU/hr boiler, eight 275,000 BTU/hr are subject to Subpart T of the National Emission space heaters, two heatset web offset presses and ovens, Standards for Hazardous Air Pollutants. and two aqueous-based spray booths in the City of Philadelphia, Philadelphia County. City of Philadelphia: Air Management Services, 321 University Avenue, Philadelphia, PA 19104, (215) 685- N95-062: Simkar Corp. (601 E. Cayuga Street, Phila- 7584. delphia, PA 19120) for operation of a facility that manu- factures lighting fixtures. The facility’s air emission V99-002: ST Services Terminal (67th Street and the sources include a 4.5 MMBTU/hr paint bake and part Schuylkill River, Philadelphia, PA 19153) for operation of dryoff oven, a 1.2 MMBTU/hr boiler, a 7.5 MMBTU/hr a bulk liquid storage and distribution terminal. The boiler, a manual powder spray booth, and an automatic facility’s air emission sources include a 30 MMBTU/hr powder spray booth in the City of Philadelphia, Philadel- thermal fluid heater, a 20 MMBTU/hr thermal fluid phia County. heater, a vapor incinerator, 12 petroleum products storage tanks, truck loading, non-gasoline marine loading, barge Notice of Intent to Issue Title V Operating Permits cleaning, and washwater treatment in the City of Phila- delphia, Philadelphia County. The facility is a Title V Under 25 Pa. Code § 127.521, notice is given that the Facility. Department of Environmental Protection (Department) intends to issue a Title V Operating Permit to the V95-088: Tasty Baking Co. (2801 Hunting Park Av- following facilities. These facilities are major facilities enue, Philadelphia, PA 19129-1392) for operation of a subject to the operating permit requirements under Title facility which makes baked goods. The facility’s air V of the Federal Clean Air Act and 25 Pa. Code Chapter emission sources include a 15 MMBTU/hr boiler, a boiler 127, Subchapters F (relating to operating permit require- that is limited to 49 MMBTU/hr, a 3950 kW cogen unit ments) and G (relating to Title V operating permits). turbine, an emergency generator, and two donut fryers in the City of Philadelphia, Philadelphia County. The Appointments to review copies of the Title V applica- facility is a Title V Facility. tion, proposed permit and other relevant information must be made by contacting Records Management at the S95-060: Anchor Dye & Finishing Co., Inc. (Adams regional office telephone number noted below. For addi- Avenue and Leiper Street, Philadelphia, PA 19124) for tional information, contact the regional office noted below. operation of a textile manufacturing facility. The facility’s air emission sources includes 300 HP, 400 HP, and 600 Interested persons may submit written comments, sug- HP boilers, two dryers, spray gun cleaners, and four gestions or objections concerning the proposed Title V cyclones as control devices for wool flock collection sys- permit to the regional office within 30 days of publication tems in the City of Philadelphia, Philadelphia County. of this notice. Written comments submitted to the Depart- ment during the 30-day public comment period shall S97-012: Hahnemann University Hospital (Broad include the name, address and telephone number of the and Vine Streets, Philadelphia, PA 19102). The facility’s person(s) submitting the comments, along with the refer- air emission sources include a 200lbs/hr pathological ence number of the proposed permit. The commentator incinerator, four <5 MMBTU/hr boilers, nine emergency should also include a concise statement of any objections generators, and three fire pumps in the City of Philadel- to the permit issuance and the relevant facts upon which phia, Philadelphia County. the objections are based. S95-067: Ryder Truck Rental, Inc. (9751 Blue Grass The Department reserves the right to hold a public Road, Philadelphia, PA 19114) for operation of a truck hearing on the proposed action based upon the informa-

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6352 NOTICES tion received during the public comment period and will Significant Deterioration (PSD) regulations as well as to provide notice of any scheduled public hearing at least Subpart HH of the Federal Standards for Performance for thirty days in advance of the hearing. The hearing notice New Stationary Sources. will be published in the Pennsylvania Bulletin and a newspaper of general circulation where the facility is 08-310-003: State Aggregates, Inc. (4401 Camp located. Meeting Road, Center Valley, PA 18034) for construction of a sand and gravel processing plant (Scrivens plant) in Southwest Regional Office: Air Quality Program, 400 Sheshequin Township, Bradford County. This plant will Waterfront Drive, Pittsburgh, PA 15222-4745, Attn: Mark be subject to Subpart OOO of the Federal Standards of Wayner, (412) 442-4161. Performance for New Stationary Sources. TV-65-00042: Ranbar Electrical Materials, Inc., 41-318-046: Sonoco Products Co. (P. O. Box 4008, Manor Division (Route 993, Box 607, Manor, PA 15665) Williamsport, PA 17701-4008) for modification of a steel for their paint and coatings manufacturing facility in reel surface coating operation in the City of Williamsport, Manor Township, Westmoreland County. The facility’s Lycoming County. major sources of emissions include paint and resin manufacturing which emit major quantities of volatile organic Southwest Regional Office: Air Quality Program, 400 compounds (VOCs). Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442- PLAN APPROVALS 4174. PA-32-348A: DLR Mining, Inc. (R. D. 3, Box 115-A, Applications received and intent to issue Plan Ap- Indiana, PA 15701) for installation of coal crushing/ provals under the Air Pollution Control Act (35 cleaning/storage at Nolo Deep Mine in Buffington Town- P. S. §§ 4001—4015). ship, Indiana County. Northeast Regional Office: Air Quality Program, Two PA-04-699E: National Gypsum Co. (2001 Rexford Public Square, Wilkes-Barre, PA 17811-0790, (570) 826- Road, Charlotte, NC 28211) for installation of wallboard 2531. manufacturing at Shippingport Plant in Shippingport 40-320-010: Plainwell Tissue (901 Sathers Drive, Borough, Beaver County. P. O Box 6000, Pittston, PA 18640) for construction of a PA-65-914A: Preform Specialties, Inc. (R. D. 3, Box napkin water-based printing operation in Pittston Town- 250-I, Blairsville, PA 15717) for installation of tungsten ship, Luzerne County. carbide preform mfg. in Derry Township, Westmoreland 48-313-086: Elementis Pigments, Inc. (1525 Wood County. Avenue, Easton, PA 18042) for construction of a finish plant milling operation in Easton, Northampton PA-11-288A: Johnstown America Corp. (17 Johns County. Street, Johnstown, PA 15907) for installation of cleaning booth at Franklin Plant in Franklin Borough, Cambria 54-308-019: Alcoa Extrusions, Inc. (P. O. Box 187, County. Cressona, PA 17929) for modification of a dross loading process on 53 Pottsville Street, Cressona Borough, PA-03-168A: Rosebud Mining Co. (R. D. 9, Box Schuylkill County. 379A, Kittanning, PA 16201) for installation of diesel generator in Kittanning Borough, Armstrong County. 54-320-002: OMNOVA Solutions, Inc. (Hickory Drive, Auburn, PA 17922) for construction of a rotogravure Northwest Regional Office: Air Quality Program, 230 printer in West Brunswick Township, Schuylkill Chestnut Street, Meadville, PA 16335-3481, (814) 332- County. 6940. Southcentral Regional Office: Air Quality Program, 909 PA-25-069C: Engelhard Corp. (1729 East Avenue, Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4702. Erie, PA 16503-2367) for construction of a pneumatic 28-03029: Cumberland Valley Animal Shelter, Inc. conveying system and installation of a dust collector at (2325 County Road, Chambersburg, PA 17201) for instal- the catalyst manufacturing plant in the City of Erie, Erie lation of an animal cremator in Guilford Township, County. Franklin County. PA-37-051C: Reactive Metals & Alloys Corp. (Route 67-05068: Highway Materials, Inc. (1750 Walton 168, West Pittsburg, PA 16160) for installation of a third Road, P. O. Box 1667, Blue Bell, PA 19422) for construc- mill, feed system, larger cyclone, duct and fan in the tion of a new asphalt batch plant to replace the existing existing VICT grinding system in Taylor Township, asphalt batch plant in Hellam Township, York County. Lawrence County. Northcentral Regional Office: Air Quality Program, 208 REASONABLY AVAILABLE CONTROL West Third Street, Suite 101, Williamsport, PA 17701, TECHNOLOGY (570) 327-3637. OP-14-0004C: Graybec Lime, Inc. (P. O. Box 448, (RACT) Bellefonte, PA 16823) for construction of a bituminous The Department of Environmental Protection (Depart- coal/petroleum coke-fired rotary lime kiln (#6) and associ- ment) will conduct a public hearing on January 28, 2000, ated air cleaning device (a fabric collector), a bituminous beginning at 1 p.m. in the Air Quality conference room at coal-fired rotary lime kiln (#7) and associated air cleaning the Meadville Regional Office located at 230 Chestnut device (a fabric collector), a glass stone dryer and associ- Street. ated air cleaning devices (3 fabric collectors), a hydrator, lime handling operations and associated air cleaning The hearing is for the Department to accept testimony devices (6 fabric collectors) and limestone handling opera- concerning the Department’s decision to approve, with tions and associated air cleaning device (a fabric collec- conditions, the case by case Reasonably Available Control tor). This construction is subject to Federal Prevention of Technology (RACT) plans by:

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 NOTICES 6353

Erie Forge & Steel, Inc. (1341 W. 16th Street, Erie, PA MINING 16512) in Erie, Erie County to meet the requirements under 25 Pa. Code §§ 129.91—129.95 (RACT), concerning APPLICATIONS TO CONDUCT COAL AND the emissions of oxides of nitrogen (NOx) from various air NONCOAL ACTIVITIES contamination sources. The final RACT proposals will be MINING ACTIVITY APPLICATIONS submitted to the United States Environmental Protection Agency (EPA) as a revision to Pennsylvania’s State Applications under the Surface Mining Conservation Implementation Plan. and Reclamation Act (52 P. S. §§ 1396.1—1396.31); the Noncoal Surface Mining Conservation and Reclamation The proposed SIP revisions do not adopt any new Act (52 P. S. §§ 3301—3326); The Clean Streams Law (35 regulations. They incorporate the provisions and require- P. S. §§ 691.1—691.1001); the Coal Refuse Disposal Con- ments contained in RACT approvals for these facilities to trol Act (52 P. S. §§ 30.51—30.66); The Bituminous Mine comply with current regulations. Subsidence and Land Conservation Act (52 P. S. §§ 1406.1—1406.21). Mining activity permits issued in The preliminary RACT determinations, if finally ap- response to such applications will also address the appli- proved, will be incorporated into Plan Approvals and/or cable permitting requirements of the following Operating Permits for the facilities and will be submitted statutes: the Air Pollution Control Act (35 P. S. §§ 4001— to the United States Environmental Protection Agency 4015); the Dam Safety and Encroachments Act (32 P. S. (EPA) as a revision to Pennsylvania’s State Implementa- §§ 693.1—693.27); and the Solid Waste Management Act tion Plan. (35 P. S. §§ 6018.101—6018.1003). The following is a summary of the preliminary NOx The following permit applications to conduct mining RACT determination for the above listed facility: activities have been received by the Department of Envi- ronmental Protection. A copy of the application is avail- Electric Arc Furnaces6&8andLadle Refining Fur- able for inspection at the District mining office indicated nace No. 7 above each application. Where a 401 water quality certification is needed for any aspect of a particular proposed Case by Case determination that no technically feasible mining activity, the submittal of the permit application control alternatives exist for NOx reduction from these will serve as the request for such certification. sources. Written comments or objections, or requests for infor- A public hearing will be held for the purpose of mal conferences on applications, may be submitted by any receiving comments on the above proposed Operating person or any officer or head of any Federal, State or Permit and the proposed SIP revisions. The public hear- local government agency or authority to the Department ing is scheduled as follows: at the same address within 30 days of this publication, or within 30 days after the last publication of the applicant’s DEP Meadville Regional Office, newspaper advertisement, as provided by 25 Pa. Code Air Quality Conference Room, §§ 77.121—23 and 86.31—34 (relating to public notices of 230 Chestnut Street, filing of permit applications, opportunity for comment, Meadville, PA 16335, and informal conferences). January 28, 2000, 1 p.m. to 3 p.m. Where any of the mining activities listed will have Persons wishing to present testimony at the hearing discharges of wastewater to streams, the Department will should contact Robert Huston, Air Pollution Control Engi- incorporate NPDES permits into the mining activity neer, DEP, 230 Chestnut Street, Meadville, PA 16335- permits issued in response to these applications. The 3494, (814) 332-6940 at least 1 week in advance of the NPDES permits will contain, at a minimum, technology- hearing to reserve a time to present testimony. Oral based effluent limitations (as described in the Depart- testimony will be limited to a maximum of 10 minutes ment’s regulations—25 Pa. Code §§ 77.522, 87.102, 88.92, and two written copies of the oral testimony are required. 88.187, 88.242, 89.52, and 90.102) for iron, manganese, Each organization is requested to designate one witness suspended solids, settleable solids, alkalinity, and pH. In to present testimony in its own behalf. addition to the above, more restrictive effluent limitations, restrictions on discharge volume, or restrictions on Persons with a disability who wish to comment and the extent of mining which may occur will be incorpo- require an auxiliary aid, service or other accommodations rated into a mining activity permit when necessary for to do so should contact Robert Huston, (814) 332-6940 or compliance with water quality standards (in accordance the Pennsylvania AT&T relay service at (800) 654-5984 with 25 Pa. Code Chapter 93 and 95). Persons or agencies (TDD) to discuss how the Department may accommodate which have requested review of the NPDES permit their needs. requirements for a particular mining activity within the above-mentioned public comment period will be provided Those unable to attend the hearing but wish to com- with a 30-day period to review and submit comments on ment should provide written comments to Robert Huston, those requirements. Air Pollution Control Engineer, Department of Environ- mental Protection, 230 Chestnut Street, Meadville, PA Written comments or objections should contain the 16335-3494. Comments should be submitted within 30 name, address and telephone number of persons submit- days of the date of this publication notice. ting comments or objections; application number; and a statement of sufficient detail to inform the Department All the pertinent documents (applications, review on the basis of comment or objection and relevant facts memos, and draft approvals) are also available for review upon which it is based. Requests for an informal confer- from 8 a.m. to 4 p.m. at the Meadville Regional DEP ence must contain the name, address and telephone office (Air Quality). Appointments for scheduling a review number of requestor; application number; a brief sum- must be made by calling the DEP contact person noted mary of the issues to be raised by the requestor at the previously. conference; and a statement whether the requestor de-

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6354 NOTICES sires to have the conference conducted in the locality of 63733708. Mon View Mining Company (P. O. Box the proposed mining activities. 1203, 250 West Main St., Uniontown, PA 15401), to renew the permit for the Mathis Coal Refuse Disposal Area in Hawk Run District Office, P. O. Box 209, Off Empire Carroll and Union Townships, Washington County to Road, Hawk Run, PA 16840. renew application for an existing coal refuse disposal Coal Applications Received area, no additional discharges. Application received No- vember 15, 1999. 17970107. Al Hamilton Contracting Company (R. D. 1, Box 87, Woodland, PA 16681), major permit 63831302. Eighty Four Mining Company (P. O. Box revision to an existing bituminous surface mine permit to 284, Eighty Four, PA 15330), to revise the permit for the apply biosolids (stabilized sewage sludge) to enhance Mine No. 84 in South Strabane Township, Washington vegetation on a 458 acre permit located in Boggs Town- County, revision to add 30 acres to the surface permit ship, Clearfield County. Application received November area for a new ventilation shaft, unnamed tributary to 15, 1999. Little Chartiers Creek. Application received November 15, 1999. Greensburg District Office, R. R. 2, Box 603-C, Greensburg, PA 15601. 33901602. Energy Resources, Inc. (P. O. Box 259, Brockway, PA 15824), to transfer the permit for the 26980104. Gary Gioia Coal Company (319 Karen Brockway Tipple in Snyder Township, Jefferson County Drive, Elizabeth, PA 15037). Application received for to transfer of permit from Hepburnia Coal Co. to Energy commencement, operation and reclamation of a bitumi- Resources, Inc., no additional discharges. Application nous surface mine located in Wharton Township, Fayette received November 18, 1999. County, proposed to affect 133.6 acres. Receiving Pottsville District Office, 5 West Laurel Boulevard, streams: Big Sandy Creek and unnamed tributary to Big Pottsville, PA 17901-2454. Sandy Creek to Cheat River and McIntire Run and unnamed tributaries to McIntire Run to Big Sandy Creek Noncoal Applications Received to the Cheat River. A social and economic justification is 8175SM3A1C5. Warner Company (Yellow Springs included with this application. Application received: De- Road, P. O. Box 457, Devault, PA 19432), correction to an cember 1, 1999. existing quarry operation in Tredyffrin Township, Chester County affecting 262.0 acres, receiving Ebensburg District Office, 437 South Center Street, P. O. stream—unnamed tributary to Valley Creek. Application Box 625, Ebensburg, PA 15931-0625. received November 18, 1999. 11890103. Permit renewal for reclamation only, Mar- quise Mining Corporation (3889 Menoher Boulevard, APPLICATIONS RECEIVED UNDER Johnstown, PA 15905), for continued restoration of a SECTION 401: FEDERAL WATER bituminous strip mine in Lower Yoder Township, POLLUTION CONTROL ACT Cambria County, affecting 67.0 acres, receiving streams ENCROACHMENTS unnamed tributaries to/and St. Clair Run, application received November 24, 1999. The following Dam Safety and Encroachment permit applications, requests for Environmental Assessment ap- 32890107. Permit Renewal for reclamation only, T.L.H. proval, and requests for water quality certification have Coal Company (R. D. 1, Box 170, Rochester Mills, PA been received by the Department of Environmental Pro- 15771), for continued restoration of a bituminous strip tection. Section 401(a) of the Federal Water Pollution mine in Rayne and East Mahoning Townships, Indiana Control Act (33 U.S.C.A. § 1341(a) requires the State to County, affecting 16.0 acres, receiving stream Dixon Run certify that the involved projects will not violate the and unnamed tributaries to Rayne Run, application re- applicable provisions of 33 U.S.C.A. §§ 1311—131, 1316 ceived December 1, 1999. and 1317, as well as relevant State requirements. Initial Pottsville District Office, 5 West Laurel Boulevard, requests for 401 certification will be published concur- Pottsville, PA 17901-2454. rently with the permit application. Persons objecting to approval of a request for certification under Section 401 13890201R2. Panther Creek Partners, (1001 Indus- or the issuance of a Dam Safety or Encroachment Permit trial Road, Nesquehoning, PA 18240-2244), renewal of an or the approval of Environmental Assessments must existing coal refuse reprocessing operation in Nesquehon- submit any comments, suggestions or objections within 30 ing Borough, Carbon County, affecting 428.0 acres, days of the date of this notice as well as any questions to receiving stream—Deep Run. Application received Novem- the office noted above the application. ber 19, 1999. Persons with a disability who wish to attend the McMurray District Office, 3913 Washington Road, hearing and require an auxiliary aid, service or other McMurray, PA 15317. accommodation to participate in the proceedings, should contact the specified program. TDD users may contact the 32991301. DLR Mining, Inc. (R. D. 3, Box 115-A, Department through the Pennsylvania AT&T Relay Ser- Indiana, PA 15701), to develop and operate a new deep vice at (800) 654-5984. mine for the Nolo Mine in Buffington Township, Indiana County, permit application for a new deep mine, Little Applications received under the Dam Safety and Yellow Creek and unnamed tributary to Little Yellow Encroachments Act (32 P. S. §§ 693.1—693.27) and Creek. Application received November 8, 1999. section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and requests for certification 32840701. Tanoma Coal Company, Inc. (600 Rayne under Section 401 of the Federal Water Pollution Run Road, Marion Center, PA 15759-8004), to renew the Control Act. permit for the No. 2 Refuse Area in Rayne Township, Indiana County to renew the coal refuse disposal permit Northeast Regional Office: Soils and Waterways Sec- which expires 5/6/2000, no additional discharges. Applica- tion, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) tion received November 8, 1999. 826-2511.

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E58-232. Encroachment. Department of Transporta- inches; W: 0.0 inches) in Windsor Township, York tion, Engineering District 4-0, P. O. Box 111, Scranton, County. The permittee is required to provide a minimum PA 18501. To remove the existing structure, to place fill in of 0.13 acre of replacement wetlands. a de minimis area of wetlands equal to 0.03 acre and to construct and maintain a 4-span prestressed concrete Northcentral Region: Water Management, Soils and Wa- I-beam bridge or an alternative 3-span steel I-beam terways Section, F. Alan Sever, Chief, 208 West Third St., bridge having a total span of approximately 537 feet and Suite 101, Williamsport, PA 17701. underclearance of approximately 26 feet across the E14-362. Encroachment. Edward Sherman, Chair- Susquehanna River. A temporary 4-span bridge is also person, East Nittany Valley Joint Municipal Authority, proposed immediately downstream of S. R. 0011 to detour P. O. Box 314, Lamar, PA 16848. To construct and main- traffic during construction. The project is located along tain a total of 19 sewer line crossings and 6 pump S. R. 0011, approximately 0.2 mile downstream of the stations. The crossings will consist of one 10-inch line, S. R. 0081 bridge. (Great Bend, PA Quadrangle N: 18.8 eleven 8-inch lines, one 4-inch line, three 3-inch lines, inches; W: 17.3 inches), Hallstead Borough and Great and three 2-inch lines. There are three methods of Bend Township, Susquehanna County (Baltimore Dis- crossing consisting of boring at a minimum of 3 feet trict, U. S. Army Corps of Engineers). under the stream, hanging the line from an existing Southcentral Regional Office: Section Chief, Water Man- bridge, or using an open trench. If the open trench agement Program, Soils and Waterways Section, 909 method is utilized the work will be completed when the Elmerton Avenue, 2nd Floor, Harrisburg, PA 17110, (717) stream is dry. The crossings will be through Fishing 705-4707. Creek (HQ-CWF), Little Fishing Creek (HQ-CWF), Cedar E05-279. Encroachment. Janet Fetter, 217 Watson Run (HQ-CWF), Long Run (HQ-CWF), Roaring Run (HQ- Road, Manns Choice, PA 15550. To fill in 0.044 acre of CWF), and Axe Factory Hollow (CWF). The project’s wetland (after-the-fact) in order to expand the width of centralized location is at the intersection of SR 80 and SR the property located about 2,000 feet north of Manns 64 (Beech Creek, PA Quadrangle N: 5.65 inches, W: 2.69 Choice Borough (Bedford, PA Quadrangle N: 2.83 inches; inches) in Porter Township, Clinton County. This W: 12.55 inches) in Harrison Township, Bedford project proposes to impact 550 linear feet of stream and County. does not propose to impact any wetlands. E22-409. Encroachment. Robert Fried, 2323 Patton E18-289. Encroachment. Edward Sherman, Chair- Road, Harrisburg, PA 17112. To place fill within a 0.046 person, East Nittany Valley Joint Municipal Authority, acre wetland area which drains to a tributary to Manada P. O. Box 314, Lamar, PA 16848. To construct and main- Creek (WWF) and is located at the intersection of Route tain a total of 19 sewer line crossings and 6 pump 39 and Old Jonestown Road (Hershey, PA Quadrangle stations. The crossings will consist of one 10 inch line, N: 8.4 inches; W: 2.5 inches) for the purpose of construc- eleven 8 inch lines, one 4 inch line, three 3 inch lines, and tion of a commercial development in West Hanover three 2 inch lines. There are three methods of crossing Township, Dauphin County. consisting of boring at a minimum of 3 feet under the stream, hanging the line from an existing bridge, or using E22-410. Encroachment. Hershey Trust Co.,P.O.Box an open trench. If the open trench method is utilized the 830, Founders Hall, Hershey, PA 17033. To remove an work will be completed when the stream is dry. The existing bridge and to construct and maintain a pedes- crossings will be through Fishing Creek (HQ-CWF), Little trian bridge having a span of 40 feet and an underclear- Fishing Creek (HQ-CWF), Cedar Run (HQ-CWF), Long ance of 6 feet across the channel of a tributary to Spring Run (HQ-CWF), Roaring Run (HQ-CWF), and Axe Fac- Creek (WWF) at a point immediately upstream of tory Hollow (CWF). The project’s centralized location is at Meadow Lane (Hershey, PA Quadrangle N: 6.0 inches; the intersection of SR 80 and SR 64 (Beech Creek, PA W: 1.5 inches) in Derry Township, Dauphin County. Quadrangle N: 5.65 inches; W: 2.69 inches) in Porter E34-094. Encroachment. Robert & Kathryn Ewing Township, Clinton County. This project proposes to Trust, 113 E. Roland Rd., Parkside, PA 19015. To con- impact 550 linear feet of stream and does not propose to struct and maintain a bridge having a span of 22 feet and impact any wetlands. an underclearance of 2.7 feet across the channel of Doyle Run (CWF) at a point approximately 2.2 miles upstream Southwest Regional Office, Soils & Waterways Section, of its mouth (McCoysville, PA Quadrangle N: 21.6 inches; 400 Waterfront Drive, Pittsburgh, PA 15222-4745. W: 3.4 inches) for the purpose of providing access to form 18531. Encroachment. Aspinwall Marina, Inc., 285 fields in Beale Township, Juniata County. River Avenue, Pittsburgh, PA 15215. To amend Permit E36-683. Encroachment. Steven Beiler, 405 Red Hill No. E18531 to rearrange, operate and maintain the Road, Narvon, PA 17555. To construct and maintain a existing boat docking facility in the channel of and along bridge having a clear span of 40-foot with an underclear- the right bank of the Allegheny River (WWF) located at ance of 7-foot across Pequea Creek (HQ-TSF) for an River Mile 7.3 approximately 2,500 feet upstream from access driveway from Jacobs Road to a 57 acre farm land the Highland Park Bridge (Pittsburgh East, PA Quad- tract (New Holland, PA Quadrangle N: 11.5 inches; rangle N: 20.5 inches; W: 3.9 inches) in Aspinwall Bor- W: 12.5 inches) in Salisbury Township, Lancaster ough, Allegheny County. County. E04-269. Encroachment. Dennis and Kathleen E67-679. Encroachment. Blackford Development, Costa, 1501 Tevebaugh Road, Baden, PA 15005-1512. To Inc., 1891 Santa Barbara Drive, Ste. 201, Lancaster, PA construct and maintain a 5 foot diameter CMP culvert in 17601. To place fill in 0.13 acre of wetlands in association Tevebau Run (WWF) to provide access to the private with a 240 foot long stream enclosure (with a drainage residence. The project is located on the northwest side of area of less than 100 acres) in an unnamed tributary to Tevebaugh Hollow Road approximately 1 mile northeast Kreutz Creek (WWF) for the proposed Windsor Commons of its intersection with SR 0065 (Baden, PA Quadrangle Industrial Development located east of Cape Horn Road N: 4.9 inches; W: 13.3 inches) in Baden Borough, Bea- and Chapel Church Road (York, PA Quadrangle N: 8.0 ver County.

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Northwest Regional Office: Soils and Waterways Sec- flowing condition. The dam is located approximately 4,000 tion, 230 Chestnut Street, Meadville, PA 16335-3481, (814) feet southwest of the intersection of S. R. 381 and Weaver 332-6942. Mill Rector Road (Stahlstown, PA Quadrangle N: 11.00 E16-113. Encroachment. Limestone Township,R.D. inches; W: 0.15 inch) in Cook Township, Westmoreland 2, Box 313A, Summerville, PA 15864-9027. To remove the County. existing structure and to construct and maintain a com- D54-001EA. Environmental Assessment. Pennsylva- posite steel I-beam bridge having a single normal span of nia Game Commission (2001 Elmerton Avenue, Harris- 9.449 meters, a minimum underclearance of 2.46 meters burg, PA 17110). To breach and remove the Lofty Reser- on a skew of 50 degrees across Little Piney Creek (CWF) voir Dam across Messers Run (HQ-CWF) for the purpose on T-539 (McGregor Road). The new structure will be of restoring the stream to a free flowing condition placed downstream of the existing bridge approximately (Delano, PA Quadrangle N: 22.25 inches; W: 6.30 inches). 9.5 meters to provide a safer roadway alignment. The project is located on T-539 (McGregor Road) across Little ACTIONS Piney Creek approximately 0.15 mile west of the intersection of T-539 (McGregor Road) and SR 66 (Strattanville, FINAL ACTIONS TAKEN UNDER THE PA Quadrangle N: 2.9 inches; W: 10.4 inches) located in PENNSYLVANIA CLEAN STREAMS Limestone Township, Clarion County. LAW AND THE FEDERAL CLEAN E43-275. Encroachment. Mercer Raceway Park, LLC, R. D. 1, Pulaski, PA 16143. To operate and maintain WATER ACT an existing 280-foot-long by 3-inch-diameter corrugated [National Pollution Discharge Elimination System metal pipe stream enclosure and to place and maintain Program (NPDES)] an additional 60 feet of 36-inch-diameter corrugated DISCHARGE OF CONTROLLED INDUSTRIAL metal pipe stream enclosure in a tributary to Munnell WASTE AND SEWERAGE WASTEWATER Run (TSF) (contributory drainage area 160 acres) to allow for expansion of an existing parking area at Mercer (Part I Permits) Raceway Park. The project is located at Mercer Raceway The Department of Environmental Protection has taken Park on the south side of SR 2013 approximately 1,000 the following actions on previously received permit appli- feet east of the intersection of SR 19 and SR 62 (Mercer, cations and requests for plan approval and has issued the PA Quadrangle N: 20.0 inches; W: 15.1 inches) located in following significant orders. Findley Township, Mercer County. Any person aggrieved by this action may appeal, under E62-359. Encroachment. PA Electric Company d/b/a section 4 of the Environmental Hearing Board Act (35 GPU Energy, 2800 Pottsville Pike, Reading, PA 19640- P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 0001. To install an aerial fiber optic utility crossing and (relating to the Administrative Agency Law), to the to operate and maintain existing aerial electric utility Environmental Hearing Board, Second Floor, Rachel crossings (WD line) across Brokenstraw Creek (CSF, Carson State Office Building, 400 Market Street, P. O. Trout Stocked, Nominated 1-A Scenic) on existing support Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. structures. The project is located across Brokenstraw TDD users may contact the Board through the Pennsylva- Creek approximately 2,000 feet south of the intersection nia Relay Service, (800) 654-5984. Appeals must be filed of SR 6 and SR 957 in the village of Columbus (Colum- with the Environmental Hearing Board within 30 days of bus, PA-NY Quadrangle N: 10.3 inches; W: 12.1 inches) receipt of written notice of this action unless the appro- located in Columbus Township, Warren County. priate statute provide a different time period. Copies of E62-360. Encroachment. John Johnson,Bob’s Garage, the appeal form and the Board’s rules of practice and R. D. 1, Box 167, Youngsville, PA 16371. To remove the procedure may be obtained from the Board. The appeal existing structure and to construct and maintain a steel form and the Board’s rules of practice and procedure are girder/wooden deck bridge having a single clear span of also available in Braille or on audiotape from the Secre- 30 feet and a maximum underclearance of approximately tary to the Board at (717) 787-3483. This paragraph does 11.5 feet across Matthews Run (CWF) for private drive- not, in and of itself, create any right of appeal beyond way access. The new bridge will be located approximately that permitted by applicable statutes and decisional law. 15 feet upstream of the existing bridge across Matthews Run approximately 1.4 miles on SR 27 north of the Actions under The Clean Streams Law (35 P. S. Borough of Youngsville limits (Sugar Grove, PA Quad- §§ 691.1—691.1001). rangle N: 0.5 inch; W: 12.0 inches) located in Southeast Regional Office: Regional Water Management Brokenstraw Township, Warren County. Program Manager, Lee Park, Suite 6010, 555 North Lane, ENVIRONMENTAL ASSESSMENT Conshohocken, PA 19428, (610) 832-6130. NPDES Permit No. PA0011436. Industrial waste. Requests for Environmental Assessment approval Handy and Harmon Tube Company, 701 West Town- under section 105.15 of 25 Pa. Code and requests ship Line Road, Norristown, PA 19403-4629 is authorized for certification under section 401 of the Federal to discharge from a facility located in East Norriton Water Pollution Control Act. Township, Montgomery County to receiving waters Central Office: Bureau of Waterways Engineering, 400 named Stoney Creek. Market Street, 3rd Floor, P. O. Box 8554, Harrisburg, PA NPDES Permit No. PA0056316. Sewerage. Robert 17105-8555, (717) 787-8568. G. Fitton, 3260 Mink Road, Kintnersville, PA 18930- D65-081EA. Environmental Assessment. Westmore- 9547, is authorized to discharge from a facility located in land County Girl Scout Council, (545 South Main Springfield Township, Bucks County to an unnamed Street, Greensburg, PA 15601). To breach and remove the tributary to Haycock Creek. Lake Janet Ruth Dam across Loyalhanna Creek (HQ- NPDES Permit No. PA0036897. Sewage. Borough of CWF) for the purpose of restoring the stream to a free South Coatesville, 136 Modena Road, South Coatesville,

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PA 19320, is authorized to discharge from a facility County to the receiving waters named the south branch located in South Coatesville Borough, Chester County to of Codorus Creek (Outfall 001) and an unnamed tributary receiving waters named West Branch of Brandywine of Codorus Creek (Outfall 002). Creek. Permit No. 0081515. Sewerage. Lancaster County WQM Permit No. 1598201. Sewerage. Herr Foods, Career & Technology Center, (Brownstown Campus), Inc., P. O. Box 300, Nottingham, PA 19362. Applicant was 1730 Hans Herr Drive, P. O. Box 527, Willow Street, PA granted approval to upgrade the industrial wastewater 17584 is authorized to discharge from a facility located in treatment plant and to add a new 26.2 acre spray field West Earl Township, Lancaster County to the receiving located in West Nottingham Township, Chester County. waters named Conestoga River. WQM Permit No. 0998428. Sewerage. Bucks County Water and Sewer Authority, 1275 Almshouse Road, Permit No. 0086304. Sewerage. Earl Township Warrington, PA 18976. Applicant is granted approval for Sewer Authority, 517 North Railroad Avenue, New the construction and operation of sanitary sewers and Holland, PA 17557 is authorized to discharge from a pump station to serve Brayton Gardens Residential Sub- facility located in Earl Township, Lancaster County to division located in Richland Township, Bucks County. the receiving waters named Mill Creek. WQM Permit No. 0999422. Sewerage. Newtown Permit No. 0080764. Industrial waste. Red Lion Bucks County Joint Municipal Authority,P.O.Box Municipal Authority, (Cabin Creek Water Treatment 329, Newtown, PA 18940. Applicant is granted approval Plant), P. O. Box 190, Red Lion, PA 17356 is authorized to for the construction and operation of a pump station discharge from a facility located in Windsor Township, known as Eagle Glenn Pump Station located in Newtown York County to the receiving waters named Cabin Township, Bucks County. Creek. WQM Permit No. 0981420T1. Amendment No. 1. Permit No. PA0088064. Concentrated Animal Feeding Sewerage. Quakerwoods Campground, Inc., 2225 Operations. Ruth Family Farms, L. P., 357 Yorktown Rosedale Road, Quakertown, PA 18951. Applicant is Road, Hershey, PA 17033 is authorized to operate a 1277 granted approval for the construction and operation of Animal Equivalent Unit Concentrated Animal Feeding sewage treatment plant with infiltration beds located in Operation (CAFO) located at Perry Meadows Farm, R. D. Milford Township, Bucks County. 1, Box 150-A, Blain, PA 17006 in Jackson Township, WQM Permit No. 2399409. Sewerage. Upper Provi- Perry County. dence Township Sewer Authority, 935 North Provi- dence Road, Media, PA 19063. Applicant is granted Permit No. PAG043508. Sewerage—Single Family approval for the construction and operation of a low Residence. Michael J. McDermott, 1113 Seifrit Lane, pressure sanitary sewer extension known as Wooded Way Bernville, PA 19506 is authorized to discharge from a located in Upper Providence Township, Delaware facility located in Bern Township, Berks County to the County. receiving waters named unnamed tributary to Plum Creek. Northeast Regional Office: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, Permit No. PAG053529. Groundwater Cleanup. (570) 826-2511. Former Wolfe’s Repair, P. O. Box 9, Fishertown, PA NPDES Permit No. PA-0060691. Sewerage. Luzerne 15539 is authorized to discharge from a facility located at County Parks Department, R. R. 2, Box 301, Hunlock Route 56E in East St. Clair Township, Bedford County Creek, PA 18621 is authorized to discharge from a facility to the receiving waters named unnamed tributary to located in Plymouth Township, Luzerne County. Dunning Creek. NPDES Permit No. PA-0060917. Sewerage. Chest- Permit No. PA0087009. Industrial waste. Hanover nut Ridge Associates, P. O. Box 1085, Mechanicsburg, Cold Storage, 1301 Carlisle Pike, Hanover, PA 17331 is PA 17055 is authorized to discharge from a facility located authorized to discharge from a facility located in Penn in Lehman Township, Luzerne County. Township, York County to the receiving waters named Southcentral Regional Office: Regional Water Manage- South Branch of West Conewago Creek. ment Program Manager, 909 Elmerton Avenue, Harris- Northwest Regional Office: Regional Water Management burg, PA 17110, (717) 705-4795. Program Manager, 230 Chestnut Street, Meadville, PA Permit No. 0699406. Sewage. Kutztown School Dis- 16335, (814) 332-6942. trict, 50 Trexler Avenue, Kutztown, PA 19530. This permit approves the construction of Sewage Treatment NPDES Permit No. PA0101664. Sewage. Orchard Facilities in Greenwich Township, Berks County. Park Plan of Lots, John B. Best, Bredinsburg Road, Franklin, PA 16323 is authorized to discharge from a Permit No. 2199408. Sewage. Lower Allen Town- facility located in Cranberry Township, Venango County ship Authority, 120 Limekiln Road, New Cumberland, to an unnamed tributary to Lower Twomile Run. PA 17070. This permit approves the construction of Pump Station in Lower Allen Township, Cumberland County. NPDES Permit No. PA0222968. Sewage. Humane Permit No. 0699408. Sewage. Lower Heidelberg Society of Mercer County, Inc., P. O. Box 331, Township Municipal Authority, 720 Brownsville Road, Sharpsville, PA 16150 is authorized to discharge from a Sinking Springs, PA 19608. This permit approves the facility located in Jefferson Township, Mercer County to construction of Sewers and Appurtenances in Lower an unnamed tributary to Daley Run. Heidelberg Township, Berks County. NPDES Permit No. PA0222852. Sewage. West Fal- Permit No. 0007391. Industrial waste. The York lowfield Township, 6993 Westford Road, Hartstown, PA Water Company, 130 East Market Street, P. O. Box 16131 is authorized to discharge from a facility located in 15089, York, PA 17405-7089 is authorized to discharge West Fallowfield Township, Crawford County to Patton from a facility located in Spring Garden Township, York Creek.

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NPDES Permit No. PA0222976. Sewage. Albert R. NPDES Permit No. PA0005061. Industrial Waste. Shouey, R. R. 2, Box 113B, Worthington, PA 16262 is Pennsylvania Power Company, New Castle Plant, 76 authorized to discharge from a facility located in Barnett South Main Street, Akron, OH 44308 is authorized to Township, Jefferson County to an unnamed tributary to discharge from a facility located in Taylor Township, Cathers Run. Lawrence County to the Beaver River and McKee Run. NPDES Permit No. PA0004251. Industrial Waste. WQM Permit No. 2499402. Sewage City of St. Advanced Cast Products, Inc., P. O. Box 417, Mill Marys, 808 South Michael Road, St. Marys, PA 15857. Street, Meadville, PA 16335 is authorized to discharge This project is for the sewer replacement project at the from a facility located in Vernon Township, Crawford 4th Street Bridge in the City of St. Marys, Elk County. County to French Creek. WQM Permit No. 2599419. Sewage. Washington NPDES Permit No. PA0030724. Sewage. Pleasant Township Sewer Authority, 11800 Edinboro Road, Ridge Manor—West, 8300 West Ridge Road, Girard, PA Edinboro, PA 16412. This project is for the installation of 16417 is authorized to discharge from a facility located in a new, additional microscreen at the existing wastewater Fairview Township, Erie County to Trout Run. treatment plant in Washington Township, Erie County.

INDIVIDUAL PERMITS (PAS) The following NPDES Individual Permits for Discharges of Stormwater from Construction Activities have been issued. Southeast Regional Office: Regional Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428-2233, (610) 832-6130. NPDES Applicant Name County and Receiving Permit No. and Address Municipality Stream or Body of Water PAS10-G345 Megill Development Com- Lower Oxford Township McDonald Run pany, Inc. Chester County 2 Huntrise Lane West Chester, PA 19382 Northeast Regional Office: Regional Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511. NPDES Applicant Name County and Receiving Permit No. and Address Municipality Stream or Body of Water PAS10U121 Saint Jane Frances Northampton County Bushkill Creek DeChantal Church Palmer Township 1918 Washington Blvd. Easton, PA 18042 PAS101319 Ray C. Tuthill Carbon County Aquashicola Creek P. O. Box 216 Lower Towamensing Palmerton, PA 18701 Township PAS10Q013-R Anthony Koneski Lehigh County Little Lehigh Creek 5202 Mill Rd. Upper Milford Township Emmaus, PA 18049 PAS10Q177 Lehigh West Land Lehigh County Little Lehigh Creek Associates Lower Macungie Township 4445 Harriet Lane Bethlehem, PA 18017 Southcentral Regional Office: Section Chief, Water Management Program, Soils and Waterways Section, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, (717) 705-4707. PAS-10-I016-1. Individual NPDES. The McNaughton Company, 4400 Deer Path Road, Harrisburg, PA 17110. To Implement an Erosion and Sedimentation Control Plan for a residential development (Deer Path Woods PRD) on 309.1 acres in Susquehanna Township, Dauphin County. The project is located north of Route 39 near Crooked Hill Road (Harrisburg East, PA Quadrangle N: 15.0 inches; W: 20.1 inches). Drainage will be to a tributary to Wildwood Lake and Paxton Creek. (WWF). Southwest Regional Office: Regional Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4000. NPDES Applicant Name County and Receiving Permit No. and Address Municipality Stream or Body of Water PAS10A109 Ron Plis Co. Allegheny County Jack’sRun P. O. Box 545 North Versailles Township Monroeville, PA 15146

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NPDES Applicant Name County and Receiving Permit No. and Address Municipality Stream or Body of Water

PAS10B011 Armstrong County Industrial Armstrong County Pine Creek Development Authority North Buffalo Township Nicholson Run Armstrong County Dept. of South Buffalo Township Planning and Development 402 Market Street Kittanning, PA 16201-1485

PAS100245 Chippewa Township Beaver County North Fork of Little 2568 Darlington Road Chippewa Township Beaver Creek Beaver Falls, PA 15010

PAS10L021 Level 3 Communications Fayette County Beaver Creek 14023 Denver West Parkway Brownsville Borough Bennington Spring Run Golden, CO 80401-3107 Henry Clay Township Big Sandy Creek Menallen Township Braddock Run North Union Township Coal Lick Run Redstone Township Deadman Run Uniontown City Jennings Run Wharton Township Meadow Run Monongahela River Noahs Glade Run Pickham Run Redstone Creek UNT Beaver Creek UNT Big Sandy Creek UNT Braddock Run UNT Deadman Run UNT Dunlap Creek Little Sandy Creek UNT Meadow Run UNT Pinkham Run UNT Redstone Creek UNT Saltlick Run

Washington County Dry Run Allenport Borough Hooder Run California Borough Houston Run Carroll Township Lily Run Charleroi Borough Maple Creek Coal Center Borough Mingo Creek Donora Township Monongahela River Dunlevy Borough Pigeon Creek Elco Borough Pike Run Monongahela City UNT Monongahela New Eagle Borough River North Charleroi Borough Wood Run Roscoe Borough Speers Borough Union Township West Brownsville Borough

Allegheny County Becks Run Baldwin Borough Homestead Run Clairton City Lobbs Run Dravosburg Borough Monongahela River Duquesne City Ohio River Homestead Borough Peters Creek Jefferson Borough Sawmill Run Pittsburgh City Thompson Run West Homestead Borough UNT Monongahela West Mifflin Borough River Whitaker Borough West Run

PAS10X094 Ralph Smith & Son, Inc. Westmoreland County UNT Porters Run R. D. 1, Box 184C Salem Township Derry, PA 15627

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Northeast Regional Office: Regional Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511. NPDES Applicant Name County and Receiving Permit No. and Address Municipality Stream

PAS232207 Gellner & Company, Inc. Schuylkill County Unnamed P. O. Box 208 Tamaqua Borough Tributary to Tamaqua, PA 18252 Nesquehoning Creek

INDIVIDUAL PERMITS

(PAR)

APPROVALS TO USE NPDES AND OTHER GENERAL PERMITS

The following parties have submitted (1) Notices of Intent (NOIs) for coverage under General NPDES Permit(s) to discharge wastewater into the surface waters of this Commonwealth; (2) NOIs for coverage under General Permit(s) for Beneficial Use of Sewage Sludge or Residential Septage by Land Application in Pennsylvania; or (3) Notifications for First Land Application of Sewage Sludge. The approval of coverage under these General Permits may be subject to one or more of the following: pollutant or effluent discharge limitations, monitoring and reporting, pathogen and vector attraction reduction requirements, operational standards, general requirements, management practices and other conditions set forth in the respective general permit. The Department of Environmental Protection (Department) has reviewed the NOIs and determined that they comply with administrative requirements of the respective permit application. Also, the Department has evaluated the First Land Application of Sewage Sludge for the sites applying for coverage under PAG-7, PAG-8, and PAG-9 and determined that the sites are suitable for land application of sewage sludge. The EPA Region III Regional Administrator has waived the right to review or object to this permit action under the waiver provision: 40 CFR 123.24. The application and related documents, effluent limitations, permitting requirements and other information are on file and may be inspected and arrangement made for copying at the contact office noted. The Department has acted on the following requests for coverage under the specified General Permit as follows: List of General Permit Type PAG-1 General Permit for Discharges From Stripper Oil Well Facilities PAG-2 General Permit for Discharges of Stormwater Construction Activities PAG-3 General Permit for Discharges of Stormwater From Industrial Activities PAG-4 General Permit for Discharges From Single Residence Sewage Treatment Plant PAG-5 General Permit for Discharges From Gasoline Contaminated Ground Water Remediation Systems PAG-6 General Permit for Wet Weather Overflow Discharges From Combined Sewer Systems PAG-7 General Permit for Beneficial Use of Exceptional Quality Sewage Sludge By Land Applica- tion PAG-8 General Permit for Beneficial Use of Non-Exceptional Quality Sewage Sludge By Land Ap- plication to Agricultural Land, Forest, a Public Contact Site or a Land Reclamation Site PAG-9 General Permit for Beneficial Use of Residential Septage By Land Application to Agricul- tural Land, Forest or a Land Reclamation Site PAG-10 General Permit for Discharges Resulting From Hydrostatic Testing of Tanks and Pipelines General Permit Type—PAG-2 Receiving Stream, Facility Location Body of Water County and Applicant Name or Site Name Contact Office and Municipality Permit No. and Address and Address Telephone No. Lower Pottsgrove PAR10-T447 Sanatoga Ridge Community, Sanatoga Creek Suite 6010, Lee Park Township Inc. 555 North Lane Montgomery County 2461 East High Street Conshohocken, PA 19428 Pottstown, PA (610) 832-6130

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Receiving Stream, Facility Location Body of Water County and Applicant Name or Site Name Contact Office and Municipality Permit No. and Address and Address Telephone No.

Whitpain Township PAR10-T592 Wings Field Preservation Prophecy Creek Suite 6010, Lee Park Montgomery County Assoc., LP, Inc. 555 North Lane Wings Field Conshohocken, PA 19428 1501 Narcissa Road (610) 832-6130 Blue Bell, PA 19422

Antis Township PAR-10-0689 Bellwood Road & Roots Bells Gap Run & Blair County CD Snyder Township Area Sewer Little Juniata 1407 Blair Street Blair County N. Blair Regional Sewer Hollidaysburg, PA 16648 Auth. (814) 696-0877

Hampden Township PAR-10-H207 Pinehurst Hills LP Sears Run Cumberland County CD Cumberland County Watts Tract 43 Brookwood Avenue, 2171 Tall Oaks Lane Suite 4 York, PA 17403 Carlisle, PA 17013 (717) 240-7812

Monroe Township PAR-10-H212 Ridge Marketing Associates Hogestown Run Cumberland County CD Cumberland County Mountain View Subdivision 43 Brookwood Avenue 621 Lemar Avenue Suite 4 Harrisburg, PA 17112 Carlisle, PA 17013 (717) 240-7812

Bethel Township PAR-10-P108 CDS Storage Facility Little Swatara Lebanon County CD Lebanon County Donald Smith 2120 Cornwall Rd. 5023 Trindle Road Suite 5 PO Box 688 Lebanon, PA 17042 Mechanicsburg, PA 17055 (717) 272-3908 Ext. 3

Bethel Township PAR-10-P116 Leroy Geesaman Beach Run Lebanon County CD Lebanon County Subdivision Little Swatara 2120 Cornwall Rd. Leroy Geesaman Suite 5 53 Maple Drive Lebanon, PA 17042 Fredericksburg, PA 17026 (717) 272-3908 Ext. 3

Derry Township PAR-10-4503 Municipal Authority of Jacks Creek Mifflin County CD Lewistown Borough Lewistown 20 Windmill Hill, Rm. 4 Mifflin County 70 Chestnut Street Burnham, PA 17009 P. O. Box 68 (717) 248-4695 Lewistown, PA 17044-0068

Luzerne County PAR10R191 Greater Wilkes-Barre Ind. E. Branch Luzerne CD Hanover Township Fund, Inc. Warrior Run (570) 674-7991 2 Public Square (Garringers Creek) P. O. Box 5340 Wilkes-Barre, PA 18710-5340

Schuylkill County PAR105794 Tamaqua Anthracite, Inc. Schuylkill Schuylkill CD Schuylkill Township DEP/Bur. of Abandoned River (570) 622-3742 Mine Reclamation P. O. Box 8476 Harrisburg, PA 17105-8476

Luzerne County PAR10R182 Mericle Commercial Unnamed Trib. Luzerne CD Sugar Notch Borough 600 Baltimore Dr. to Warrior Creek (570) 674-7991 E. Mountain Corp. Ctr. Wilkes-Barre, PA 18702

Butler County PAS10E070 South Pike Square L. P. Buffalo Creek Butler Conservation Buffalo Township 100 Highland Avenue Little Buffalo District Cheswick, PA 15024 Creek 122 McCune Drive Butler, PA 16001-6501 (724) 284-5270

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Receiving Stream, Facility Location Body of Water County and Applicant Name or Site Name Contact Office and Municipality Permit No. and Address and Address Telephone No. Forest County PAR102700 Azco Oil Company, Inc. Bush Creek Northwest Region Howe Township HC-1, Box 645 UNT to Bush Oil and Gas Sheffield, PA 16347-9738 Creek Management Tionesta Creek 230 Chestnut Street Meadville, PA 16335-3481 (814) 332-6860 Mercer County PAR104345 West Salem Township Shenango River Mercer Conservation West Salem Township Municipal Sewage Authority and Big Run District Greenville Borough 610 Vernon Road Tributaries 747 Greenville Road Greenville, PA 16125 Mercer, PA 16137 (724) 662-2242 Centre County PAR10F093 Eagle Creek Mfg. Home Bald Eagle Creek Centre County CD Union Township Community 414 Holmes Ave., 1901 East College Ave. Suite 4 State College, PA 16801 Bellefonte, PA 16823 (814) 355-6817 Centre County PAR10F105 Penn State Research Park Unt. Spring Creek Centre County CD College Township PSRP Developers, Inc. 414 Holmes Ave., The Belgravia Suite 701 Suite 4 1811 Chestnut St. Bellefonte, PA 16823 Philadelphia, PA 19102 (814) 355-6817 Columbia County PAR102139 Franklin Heights Develop. Muni Separate Columbia County CD Town of Bloomsburg Susquehanna Valley Dev. Storm Sew/ 702 Sawmill Rd., Suite Gp. Fishing Creek 202 R. R. 2, Box 181 (Main Stem, Green Bloomsburg, PA 17815 Turbotville, PA 17772 Creek to Mouth) (570) 784-1310 WWF General Permit Type—PAG-8 Receiving Stream, Facility Location Bod of Water County and Applicant Name or Site Name Contact Office and Municipality Permit No. and Address and Address Telephone No. Schuylkill County PAG08-2209 Frackville WWTP N/A Northeast Reg. Office Butler Township 41 N. Lehigh Ave. Water Mgmt. Program Frackville, PA 17931 2 Public Sq. Wilkes-Barre, PA 18711 (570) 826-2511

SEWAGE FACILITIES ACT appeal beyond that permitted by applicable statutes and decisional law. PLAN APPROVAL Actions under the Pennsylvania Sewage Facilities The Department of Environmental Protection has taken Act (35 P. S. §§ 750.1—750.20). actions on municipal requests for Act 537 Plan Approval. Southeast Regional Office: Sewage Planning Specialist Any person aggrieved by this action may appeal, under Supervisor, Lee Park, Suite 6010, 555 North Lane, section 4 of the Environmental Hearing Board Act (35 Conshohocken, PA 19428. P. S. § 7514), and 2 Pa.C.S. §§ 501—508 and 701—704 (relating to the Administrative Agency Law), to the The Plan Approval is granted for a revision to the Environmental Hearing Board, Second Floor, Rachel Official Sewage Facilities Plan of Marple Township, Carson State Office Building, 400 Market Street, P. O. Morton Borough, Nether Providence Township, Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. Prospect Park Borough, Ridley Park Borough, TDD users may contact the Board through the Pennsylva- Ridley Township, Rutledge Borough, Springfield nia Relay Service, (800) 654-5984. Appeals must be filed Township and Swarthmore Borough, Delaware with the Environmental Hearing Board within 30 days of County to provide for the diversion of existing sewage receipt of written notice of this action unless the appro- flows currently treated at the City of Philadelphia South- priate statute provides a different time period. Copies of west Wastewater Treatment Facility to the DELCORA the appeal form and the Board’s rules of practice and Western Regional Wastewater Treatment Facility procedure are also available in Braille or on audio tape (WRWWTF). This will be accomplished by upgrade, ex- from the Secretary to the Board at (717) 787-3483. This pansion and modification to the Central Delaware County paragraph does not, in and of itself, create any right of Sewer Authority Service Area Pump Station to 12 mgd

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 NOTICES 6363 average annual and 40 mgd peak instantaneous and Permit No. 1999501. Construction Innovative construction of a new force main to connect to the Technology. The Department issued an Innovative Tech- existing Chester Force Main at Concord Avenue. The nology Construction Permit to Benton Municipal Water & diverted flows will be managed so as to not cause an Sewer Authority, P. O. Box 516, Benton, PA 17814-0516, exceedance of the permitted capacity at the WRWWTF Benton Borough, Columbia County. This permit autho- nor exceed maximum daily flow of 12 million gallons. The rizes construction of an Environmental Products Division balance of the sewage flow above 12 million gallons will (EPD) pressure sand filtration plant to treat water from continue to be pumped to the City of Philadelphia the existing Artesian Well #1. Southwest Wastewater Treatment Facility. The Depart- Northwest Regional Office: Regional Manager, 230 ment’s review of the sewage facilities update has not Chestnut Street, Meadville, PA, (814) 332-6899. identified any significant environmental impacts resulting from this approval. A Water Quality Part II permit is Permit No. 2099501. Public water supply. Cambridge required for the facility. Springs Borough, 26 Federal Street, Cambridge Springs, PA 16403 has been issued a permit for the SAFE DRINKING WATER construction of new water filtration facilities to include raw water pumps, chemical addition, flash mix, floccula- Actions taken under the Pennsylvania Safe Drink- tion, settling, filtration, clearwell and finished water ing Water Act (35 P. S. §§ 721.1—721.17). pumps in Cambridge Springs Borough, Crawford County. Northeast Regional Office: Sanitarian Regional Man- ager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (717) Type of Facility: Community Water Supply. 826-2511. Consulting Engineer: John F. Larimer, P.E., The EADS Permit No. 3599502. Public water supply. Pennsylva- Group, Inc., 1126 Eighth Avenue, Altoona, PA 16602. nia American Water Company, 800 West Hershey Park Permit to Construct Issued: November 30, 1999. Drive, Hershey, PA 17033. David R. Kaufman, Oper. Manager, 20 East Union Street, Wilkes-Barre, PA 18701. LAND RECYCLING AND This proposal involves an extension to the existing PAWC ENVIRONMENTAL REMEDIATION system that services a large portion of Lackawanna County. The project will serve the PEI Power Park, to Under Act 2, 1995 provide the necessary pressure to serve the PEI Power Preamble 2 Park. Water will be taken from the existing White Oak Finished Water Storage Tank (1MG) and pumped to the The following final reports were submitted under new Salem Mountain finished water tank via a 16Љ water the Land Recycling and Environmental Remedia- main. The Salem Mountain Water Tank (05.MG) feeds the tion Standards Act (35 P. S. §§ 6026.101—6026.908). PEI Power Park by gravity. The elevation difference from the White Oak Water Tank to the Salem Mountain Water Provisions of Chapter 3 of the Land Recycling and Tank is approximately 300 feet. Thus, the booster station Environmental Remediation Standards Act (Act) require is required to adequately maintain the new Salem Moun- the Department of Environmental Protection (Depart- tain Water Tank. ment) to publish in the Pennsylvania Bulletin a notice of submission of final reports. A final report is submitted to Permit Transfer. Lake Side Mobile Home Park to document cleanup of a release of a regulated substance at George H. Roeder, 2465 Milford Square Pike, Quaker- a site to one of the Act’s remediation standards. A final town, PA 18951. Permit issued on November 15, 1999. report provides a description of the site investigation to Minor Amendment. Public water supply. Montrose characterize the nature and extent of contaminants in Water Treatment Plant, PAWC, 800 West Hershey environmental media, the basis for selecting the environ- Drive, Hershey, PA 17033, Paul Zielinski. Service Pump mental media of concern, documentation supporting the Replacement located in Bridgewater Township, Susque- selection of residential or nonresidential exposure factors, hanna County. Permit issued November 16, 1999. a description of the remediation performed, and summaries of sampling methodology and analytical results which Operations Permit issued to Community Associa- demonstrate that the remediation has attained the tion of Pocono Farms on November 12, 1999, located in cleanup standard selected. Coolbaugh Township, Monroe County. For further information concerning the final report, Operations Permit issued to Lehigh County Au- please contact the Environmental Cleanup Program Man- thority, Far View Farms Pump Station, on November ager in the Department of Environmental Protection 16, 1999, located in Upper Milford Township, Lehigh Regional Office under which the notice of receipt of a County. final report appears. If information concerning a final Operations Permits issued to Schuylkill County report is required in an alternative form, contact the Municipal Authority, Mount Laurel, Indian Run, community relations coordinator at the appropriate Re- Broad Mountain Sites, November 12, 1999, located in gional Office listed. TDD users may telephone the Depart- Schuylkill County. ment through the AT&T Relay Service at 1-(800) 654- 5984. Operations Permit issued to Country Estates Mo- bile Home Park on November 23, 1999, located in The Department has received the following final re- Salem Township, Luzerne County. ports: Operations Permit issued to Upper Saucon Town- Southeast Regional Office: Environmental Cleanup Pro- ship on November 23, 1999, located in Upper Saucon gram Manager, Lee Park, Suite 6010, 555 North Lane, Township, Lehigh County. Conshohocken, PA 19428, (610) 832-5950. Regional Office: Northcentral Field Operations, Envi- Estate of Martin Spinelli, Tredyffrin Township, ronmental Program Manager, 208 West Third Street, Suite Chester County. William G. Murray, URS Greiner 101, Williamsport, PA 17701. Woodward Clyde, 1400 Union Meeting Road, Suite 202,

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Blue Bell, PA 19422-1972, has submitted a Final Report Northwest Regional Office: Craig Lobins, Environmen- concerning remediation of site soil contaminated with tal Cleanup Program Manager, 230 Chestnut Street, lead and BTEX. The report is intended to document Meadville, PA 16335, (814) 332-6648. remediation of the site to meet the Statewide health standard. Rockwell International Corporation, New Castle, City of, Lawrence County, has submitted a Final Eddystone Crossing, Eddystone Borough, Delaware Report concerning remediation of groundwater contami- County. J. Anthony Sauder, P.E., P.G., Pennoni Associ- nated with Solvents and PAHs. The report is intended to ates, Inc., 3001 Market Street, Philadelphia, PA 19104- document remediation of the site to meet the Site Specific 2897, has submitted a combined Remedial Investigation/ Standard. Final Report concerning remediation of site soil contaminated with lead, heavy metals and polycyclic LAND RECYCLING AND aromatic hydrocarbons; and groundwater contaminated ENVIRONMENTAL REMEDIATION with polycyclic aromatic hydrocarbons. The report is Under Act 2, 1995 intended to document remediation of the site to meet site-specific standards. Preamble 3

Schramm, Inc., West Goshen Township, Chester The Department has taken action on the following County. David B. Farrington, P.G., Walter B. Sat- plans and reports under the Land Recycling and terthwaite Associates, Inc., 720 Old Fern Hill Road, West Environmental Remediations Act (35 P. S. Chester, PA 19380, has submitted a Final Report concern- §§ 6026.101—6026.908) and Chapter 250 Adminis- ing remediation of site groundwater contaminated with tration of Land Recycling Program. solvents. The report is intended to document remediation of the site to meet background standards. Provisions of 25 Code § 250.8 Administration of Land Recycling Program requires the Department of Environ- Northeast Regional Field Office: Joseph Brogna, Re- mental Protection (Department) to publish in the Penn- gional Environmental Cleanup Program Manager, 2 Pub- sylvania Bulletin a notice of its final actions on plans and lic Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511. reports. A final report is submitted to document cleanup Former Penn Reed & Harness Factory, City of of a release of a regulated substance at a site to one of Allentown, Lehigh County. Doug Sammak, President, the remediation standards of the Land Recycling and American Analytical and Environmental, Inc., 738 Front Environmental Remediations Standards Act (Act). Plans Street, Catasauqua, PA 18032 has submitted a Final and reports required by provisions of the Act for compli- Report (on behalf of his client, Sally Kutz, Penn Reed & ance with selection of remediation to a site-specific stan- Harness Company, P. O. Box 1189, Allentown, PA 18105) dard, in addition to a final report, include a remedial concerning the remediation of site soils contaminated investigation report, risk assessment report, and cleanup with lead, hexavalent chromium, selenium and arsenic. plan. A remedial investigation report includes conclusions The report was submitted to document remediation of the from the site investigation, concentration of regulated site to meet the Statewide health standard. substances in environmental media, benefits of reuse of the property, and in some circumstances, a fate and Former Penn Reed & Harness Factory, City of transport analysis. If required, a risk assessment report Allentown, Lehigh County. Doug Sammak, President, describes potential adverse effects caused by the presence American Analytical and Environmental, Inc., 738 Front of regulated substances. A cleanup plan evaluates the Street, Catasauqua, PA 18032 has submitted a Final abilities of potential remedies to achieve remedy require- Report (on behalf of Robert Morgan, 127 South Aubrey ments. A final report provides a description of the site Street, Allentown, PA 18103) concerning the remediation investigation to characterize the nature and extent of of site soils contaminated with lead, hexavalent chro- contaminants in environmental media, the basis for se- mium, selenium and arsenic. The report was submitted to lecting the environmental media of concern, documenta- document remediation of the site to meet the Statewide tion supporting the selection of residential or nonresiden- health standard. tial exposure factors, a description of the remediation performed, and summaries of sampling methodology and Former Penn Reed & Harness Factory, City of analytical results which demonstrate that the remedia- Allentown, Lehigh County. Doug Sammak, President, tion has attained the cleanup standard selected. The American Analytical and Environmental, Inc., 738 Front Department may approve or disapprove plans and reports Street, Catasauqua, PA 18032 has submitted a Final submitted. This notice provides the Department’s decision Report (on behalf of Eli J. Deily, Jr., 115 South Aubrey and, if relevant, the basis for disapproval. Street, Allentown, PA 18103) concerning the remediation of site soils contaminated with lead, hexavalent chro- For further information concerning the plans and re- mium, selenium and arsenic. The report was submitted to ports, please contact the Environmental Cleanup Program document remediation of the site to meet the Statewide Manager in the Department of Environmental Protection health standard. Regional Office under which the notice of the plan or report appears. If information concerning a final report is Former Penn Reed & Harness Factory, City of required in an alternative form, contact the community Allentown, Lehigh County. Doug Sammak, President, relations coordinator at the appropriate Regional Office American Analytical and Environmental, Inc., 738 Front listed. TDD users may telephone the Department through Street, Catasauqua, PA 18032 has submitted a Final the AT&T Relay Service at (800) 654-5984. Report (on behalf of Tami Van Horn, 117 South Aubrey The Department of Environmental Protection has acted Street, Allentown, PA 18103) concerning the remediation upon the following plans and reports: of site soils contaminated with lead, hexavalent chromium, selenium and arsenic. The report was submitted to Southeast Regional Office: Environmental Cleanup Pro- document remediation of the site to meet the Statewide gram Manager, Lee Park, Suite 6010, 555 North Lane, health standard. Conshohocken, PA 19428, (610) 832-5950.

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Norquay Technology, Inc., City of Chester, Dela- OPERATE WASTE PROCESSING OR DISPOSAL ware County. John F. Van Wagenen, P.G., Coventry AREA OR SITE Environmental Associates, Inc., 991 Ridge Road, Bucktown, PA 19165 has submitted a Baseline Remedial Permits issued under the Solid Waste Management Report, concerning remediation of site soil contaminated Act (35 P. S. §§ 6018.101—6018.1003) and regula- with heavy metals, petroleum hydrocarbons and tions to operate solid waste processing or dis- polycyclic aromatic hydrocarbons; and groundwater con- posal area or site. taminated with solvents, petroleum hydrocarbons and Southcentral Regional Office: Regional Solid Waste Pro- polycyclic aromatic hydrocarbons. The report was disap- gram, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) proved by the Department on November 22, 1999. 705-4706. Southwest Field Office: John J. Matviya, Environmen- Permit No. 101566. Hanover Area Transfer Sta- tal Cleanup Program Manager, 400 Waterfront Drive, tion, (Borough of Hanover, 44 Frederick Street, Hanover, Pittsburgh, PA 15222-4745, (412) 442-5217. PA 17311). Application for permit renewal of a transfer station in Penn Township, York County. Permit issued Pittsburgh Tube Company, Monaca Borough, Bea- in the Regional Office December 3, 1999. ver County. Timothy M. Rea, Mount Research, Inc., 825 25th Street, Altoona, PA 16601 and the Pittsburgh Tube Permits revoked under the Solid Waste Manage- Company, Cherrington Corporate Center, 600 Clubhouse ment Act (35 P. S. §§ 6018.101—6018.1003) and Drive, Moon Township, PA 15408-3195 has submitted a regulations to operate solid waste processing or final report concerning remediation of site soil contami- disposal area or site. nated with heavy metals. The final report demonstrated Southcentral Regional Office: Regional Solid Waste attainment of the Statewide health standard and was Manager, 909 Elmerton Avenue, Harrisburg, PA 17110- approved by the Department on June 14, 1999. 8200, (717) 705-4706. SOLID AND HAZARDOUS WASTE Permit No. 603318. Sinking Springs Farm, Inc., Northeastern York County Sewer Authority, 175 Chestnut RESIDUAL WASTE PROCESSING FACILITIES Street, Mount Wolf, PA 17347. This permit has been revoked at the request of the permittee for a site in Registration revoked under the Solid Waste Man- Manchester Township, York County. Permit revoked in agement Act (35 P. S. §§ 6018.101—6018.1003); the the Southcentral Regional Office November 18, 1999. Municipal Waste Planning, Recycling and Waste AIR QUALITY Reduction Act (53 P. S. §§ 4000.101—4000.1904); and the residual waste regulations for a general OPERATING PERMITS permit to operate residual waste processing facilities and the beneficial use of residual waste General Plan Approval and Operating Permit is- other than coal ash. sued under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and regulations to construct, Central Office—Division of Municipal and Residual modify, reactivate or operate air contamination Waste, 14th Floor, Rachel Carson State Office Building, sources and associated air cleaning devices. 400 Market Street, Harrisburg, PA 17101-2301. Northeast Regional Office: Air Quality Program, Two Registration under General Permit No. Public Square, Wilkes-Barre, PA 17811-0790, (570) 826- WMGR011R003. Residua, Inc., P. O. Box 233, Malvern, 2531. PA 19355. Residua, Inc. no longer operates under General 48-323-007GP: M. A. Hanna Color (2513 Highland Permit Number WMGR011 for the processing of spent Avenue, Bethlehem, PA 18020) for construction and op- ethylene glycol base antifreeze in mobile processing units eration of a burn off oven at its Wire and Cable Division for the purpose of reconditioning spent antifreeze gener- facility in Bethlehem Township, Northampton County. ated by coolant or heating systems. The Department revoked the registration on December 3, 1999. 48-323-008GP: M. A. Hanna Color (2513 Highland Avenue, Bethlehem, PA 18020) for construction and op- HAZARDOUS WASTE, TREATMENT, STORAGE eration of a burn off oven at its Wire and Cable Division AND DISPOSAL FACILITIES facility in Bethlehem Township, Northampton County. 54-310-023GP: Haines & Kibblehouse, Inc. (P. O. Permits issued under the Solid Waste Management Box 196, Skippack, PA 19474) for construction and opera- Act (35 P. S. §§ 6018.101—6018.1003) and regulation of a portable stone crushing plant in Tremont tions to operate a hazardous and mixed waste Township, Schuylkill County. storage facility. 54-310-024GP: Haines & Kibblehouse, Inc. (P. O. Southwest Regional Office: Regional Solid Waste Man- Box 196, Skippack, PA 19474) for construction and opera- ager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, tion of a portable stone crushing plant in Tremont (412) 442-4000. Township, Schuylkill County. Southcentral Regional Office: Air Quality Program, 909 Permit ID No. PA0890090004. U. S. Department of Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4702. Energy, Pittsburgh Naval Reactors Office, Bettis Atomic Power Laboratory. Operation of a mixed waste storage GP4-05-03001A: Bedford Burn Off Oven Services, facility in West Mifflin Borough, Allegheny County. Inc. (528 Forbes Road, Bedford, PA 15522) issued a Permit modified in the Regional Office on December 1, general permit for two burn off ovens in Fannett Town- 1999. ship, Franklin County.

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GP3-28-03028A: New Enterprise Stone & Lime Co., Southcentral Regional Office: Air Quality Program, 909 Inc. (P. O. Box 77, New Enterprise, PA 16664) issued a Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4702. general permit for a second portable nonmetallic mineral processing plant at the Dry Run Quarry in Fannett 06-01069D: East Penn Mfg. Co., Inc. (P. O. Box 147, Township, Franklin County. Lyon Station, PA 19536-0147) on December 1, 1999, for operation of a battery assembly facility at the Battery Northwest Regional Office: Air Quality Program, 230 Assembly Plant in Richmond Township, Berks County. Chestnut Street, Meadville, PA 16335-3481, (814) 332- These sources are subject to 40 CFR Part 60, Subpart KK 6940. of the Standards of Performance for New Stationary GP-33-001: Brookville Area School District, Sources. Brookville Junior Senior High School (Jenks Street, 06-03001A: Unicast Co. (241 Washington Street, Brookville, PA 15825) on November 30, 1999, for opera- Boyertown, PA 19512) on December 1, 1999, for operation tion of two natural gas fired boilers (Spencer, Models of a gray iron foundry controlled by various devices in 6080115-6080130) in Brookville Borough, Jefferson Boyertown Borough, Berks County. County. 06-307-068A: PA Steel Foundry & Machine Co. Operating Permits Minor Modification issued under (P. O. Box 128, Hamburg, PA 19526) on November 24, the Air Pollution Control Act (35 P. S. §§ 4001– 1999, for operation of a steel foundry controlled by eight 4015) and regulations to construct, modify, reacti- fabric collectors at the Hamburg Plant in Hamburg vate or operate air contamination sources and Borough, Berks County. associated air cleaning devices. 21-03001A: Ahlstrom Filtration, Inc. (P. O. Box A, Northeast Regional Office: Air Quality Program, Two Mount Holly Springs, PA 17065) on November 24, 1999, Public Square, Wilkes-Barre, PA 17811-0790, (570) 826- for operation of a No. 1 dual-fuel Johnston boiler in 2531. Mount Holly Springs, Cumberland County. This source 35-318-048C: Gentex Corp. (P. O. Box 315, is subject to 40 CFR Part 60, Subpart Dc—Standards of Carbondale, PA 18407) for minor modification of a Surface Performance for Small Industrial-Commercial-Institu- Coating Process in Fell Township, Lackawanna County. tional Stream Generating Units. Northcentral Regional Office: Air Quality Program, 208 28-02001A: Martin’s Famous Pastry Shoppe, Inc. West Third Street, Suite 101, Williamsport, PA 17701, (1000 Potato Roll Lane, Chambersburg, PA 17201-8800) (570) 327-3637. on November 24, 1999, for operation of the Chambersburg Bakery in Guilford Township, Franklin County. 18-322-003: Clinton County Solid Waste Authority (P. O. Box 209, McElhattan, PA 17748-0209) on December 67-05024B: Lehigh Portland Cement Co. (200 1, 1999, to incorporate the provisions of a revised munici- Hokes Mill Road, York, PA 17404) on November 30, 1999, pal waste landfill surface monitoring plan and change the for operation of a raw mill feed system controlled by a surface monitoring frequency from monthly to quarterly fabric collector in West Manchester Township, York at the Clinton County Landfill in Wayne Township, County. Clinton County. 67-309-107: Lehigh Portland Cement Co. (200 Administrative Amendment of Operating Permits Hokes Mill Road, York, PA 17404) on November 30, 1999, issued under the Air Pollution Control Act (35 for operation of a railcar cement loading system con- P. S. §§ 4001—4015) and regulations to construct, trolled by a cartridge collector in West Manchester Town- modify, reactivate or operate air contamination ship, York County. sources and associated air cleaning devices. 67-310-054: Lehigh Portland Cement Co. (200 Southeast Regional Office: Air Quality Program, 555 Hokes Mill Road, York, PA 17404) on November 30, 1999, North Lane, Conshohocken, PA 19428, (610) 832-6242. for operation of a plaster mold roll crusher in West Manchester Township, York County. CP-46-0005: Merck & Co., Inc. (770 Sumneytown Pike, West Point, PA 19486) on November 29, 1999, for Northcentral Regional Office: Air Quality Program, 208 Facility VOCs/NOx RACT in Upper Gwynedd Township, West Third Street, Suite 101, Williamsport, PA 17701, Montgomery County. (570) 327-3637. OP-15-0014A: Norwood Industries, Inc. (57 17-303-006A: Clearfield Asphalt and Construction Morehall Road, Frazer, PA 19355) on December 2, 1999, Supply, Inc. (R. D. 1, Box 179, Curwensville, PA 16833) for Facility VOC/NOx RACT in East Whiteland Township, on November 2, 1999, for operation of a batch asphalt Chester County. concrete plant and associated air cleaning device (a fabric collector) and 455 KW diesel generator in Lawrence Operating Permits issued under the Air Pollution Township, Clearfield County. The asphalt plant is Control Act (35 P. S. §§ 4001—4015) and regula- subject to Subpart I of the Federal Standards of Perfor- tions to construct, modify, reactivate or operate mance for New Stationary Sources. air contamination sources and associated air cleaning devices. 41-318-043: John Savoy and Sons, Inc. (P. O. Box 248, Montoursville, PA 17754) on November 2, 1999, for Southeast Regional Office: Air Quality Program, 555 operation of a wood furniture finishing operation consist- North Lane, Conshohocken, PA 19428, (610) 832-6242. ing of four spray booths and a UV coater in Montoursville Borough, Lycoming County. NMOP-46-00173: New Hanover Incineration, Inc. (3645 Church Road, Perkiomenville, PA 18074) for opera- 41-318-044: Ralph S. Alberts Co., Inc. (60 Choate tion of a Natural Minor Operating Permit in New Han- Circle, Montoursville, PA 17754) on November 2, 1999, for over Township, Montgomery County. operation of molded plastic parts surface coating opera-

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 NOTICES 6367 tion consisting of five spray booths and a spray gun PLAN APPROVALS solvent cleaning sink in Fairfield Township, Lycoming County. Plan Approvals issued under the Air Pollution Con- trol Act (35 P. S. §§ 4001—4015) and regulations to 12-399-014A: GKN Sinter Metals (R. R. 2, Box 47, construct, modify, reactivate or operate air con- Emporium, PA 15834-9740) on November 16, 1999, for tamination sources and associated air cleaning operation of two sintered metal parts induction hardening devices. operations and associated air cleaning device (an electrostatic precipitator) at Plant #6 (Airport Road Plant) in Southeast Regional Office: Air Quality Program, 555 Emporium Borough, Cameron County. North Lane, Conshohocken, PA 19428, (610) 832-6242. PA-46-0025G: Lonza, Inc. (900 River Road, Consho- 55-303-003: Meckley’s Limestone Products, Inc. hocken, PA 19428) on December 2, 1999, for operation of (R. D. 1, Box 950, Herndon, PA 17830) on November 16, two prescrubbers in Upper Merion Township, Montgom- 1999, for operation of a batch asphalt plant and associ- ery County. ated air cleaning device (a fabric collector) in Franklin Township, Snyder County. This plant is subject to Southcentral Regional Office: Air Quality Program, 909 Subpart I of the Federal Standards of Performance for Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4702. New Stationary Sources. 06-03107: Morgan Corp. (P. O. Box 588, Morgantown, PA 19543) on November 24, 1999, for construction of a 08-303-006B: Dalyrmple Gravel and Contracting paint spray booth with dry filters at Plant 7 in New Co., Inc. (2105 South Broadway, Pine City, NY 14871) on Morgan Borough, Berks County. November 23, 1999, for operation of a drum mix asphalt concrete plant and associated air cleaning device (a fabric 06-05035: Glidden Co. DBA ICI Paints (301 Bern collector) in Athens Township, Bradford County. This Street, Reading, PA 19601-1252) on November 24, 1999, plant is subject to Subpart I of the Federal Standards of for modification of thinning tanks controlled by a fabric Performance for New Stationary Sources. collector at the Glidden Plant in Reading City, Berks County. 19-310-002C: Hanson Aggregates Pennsylvania, 67-318-124: Root Corp./New York Wire Co. (152 N. Inc. (P. O Box 231, Easton, PA 18044-0231) on November Main Street, Mount Wolf, PA 17347) on November 24, 23, 1999, for operation of a vertical shaft impact stone 1999, for modification of a tenter frame line No. 2 crusher and associated air cleaning device (a fabric controlled by an electrostatic precipitator in Mount Wolf collector) in Hemlock Township, Columbia County. This Borough, York County. crusher is subject to Subpart OOO of the Federal Stan- dards of Performance for New Stationary Sources. Northcentral Regional Office: Air Quality Program, 208 West Third Street, Suite 101, Williamsport, PA 17701, 41-310-001F: Hanson Aggregates Pennsylvania, (570) 327-3637. Inc. (P. O. Box 231, Easton, PA 18044-0231) on November 49-309-008D: Watsontown Brick Co. (P. O. Box 68, 23, 1999, for operation of stone crushing and screening Watsontown, PA 17777) on November 3, 1999, for con- equipment and associated air cleaning device (a fabric struction of a shale roll crusher and impact mill to be collector) at the Pine Creek Quarry in Limestone Town- controlled by existing air cleaning devices (a water spray ship, Lycoming County. dust suppression system and a fabric collector) in Dela- 08-302-041: Cummings Lumber Company, Inc. ware Township, Northumberland County. The roll (P. O. Box 6, Troy, PA 16947) on November 30, 1999, for crusher and impact mill are subject to Subpart OOO of operation of a 16.7 million BTU per hour wood-fired the Federal Standards of Performance for New Stationary boiler and associated air cleaning devices (2 sets of Sources. multiclones in series) in Troy Township, Bradford TVOP-49-00003A: ACF Industries, Inc. (P. O. Box County. This boiler is subject to Subpart Dc of the 109, Milton, PA 17847) on November 4, 1999, for installa- Federal Standards of Performance for New Stationary tion of an air cleaning device (a fabric collector) on a Sources. railcar grit blast operation in Milton Borough, Northum- berland County. 17-305-043: M. B. Energy, Inc. (P. O. Box 1319, Indi- ana, PA 15701) on November 30, 1999, for operation of a 17-314-001E: Equimeter, Inc. (P. O. Box 528, Dubois, coal crushing, stockpiling and loading facility at the PA 15801) on November 22, 1999, for modification of two Brink-Scollon No. 3 Strip Mine in Chest Township, rubber curing ovens and construction of a third curing Clearfield County. This facility is subject to Subpart Y oven, all three to be controlled by existing air cleaning of the Federal Standards of Performance for New Station- devices (a venturi scrubber and a packed bed scrubber) at ary Sources. Plant #1 in the City of Dubois, Clearfield County. OP-18-0005A: International Paper Co. (P. O. Box TVOP-19-00007: Transcontinental Gas Pipeline 268, Lock Haven, PA 17745) on November 22, 1999, for Corp., Station 517 (Benton, PA 17814) on December 1, installation of air cleaning devices (flue gas recirculation 1999, for operation of three natural gas fired turbines, systems) on two bituminous coal and tire derived fuel- several small heaters, storage tanks and an emergency fired spreader stoker-equipped boilers (Boilers 1 and 2) at generator in Jackson Township, Columbia County. the Lock Haven Mill in Castanea Township, Clinton County. Southwest Regional Office: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442- 17-329-002: Petroleum Development Corp. (P. O. 4174. Box 26, Bridgeport, WV 26330-1706) on November 23, 1999, for construction of a 115 horsepower natural gas- OP-04-445A: VEKA, Inc. (100 Veka Drive, Fombell, fired reciprocating internal combustion compressor engine PA 16123) on December 1, 1999, for operation of coating and a natural gas dehydrator at the Tate Compressor Site of PVC lineals in Marion Township, Beaver County. in Greenwood Township, Clearfield County.

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17-329-003: Petroleum Development Corp. (P. O. operation of boiler and metal heat furnaces at Beaver Box 26, Bridgeport, WV 26330-1706) on November 23, Falls site in Beaver Falls, Beaver County. 1999, for construction of a 180 horsepower natural gas- fired reciprocating internal combustion compressor engine PA-65-884A: IA Construction Corp. (P. O. Box 290, and a natural gas dehydrator at the Passmore Compres- Homer City, PA 15648) on July 27, 1999, for operation of sor Site in Bell Township, Clearfield County. bituminous concrete plant at Donegal Plant in Mt. Pleas- ant Township, Westmoreland County. Southwest Regional Office: Air Quality Program, 400 Northwest Regional Office: Air Quality Program, 230 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442- Chestnut Street, Meadville, PA 16335-3481, (814) 332- 4174. 6940. PA-04-065A: Midland Foundry Division (1 12th PA-16-136A: Bituminous Road Maintenance (521 Street, Midland, PA 15059) on December 1, 1999, for South Street, Clarion, PA 16214) on November 30, 1999, operation of a sand storage silo at Midland Foundry for a drum type hot mix asphalt plant in Beaver and Division in Midland Borough, Beaver County. Licking Townships, Clarion County. PA-63-028E: Cerdec Corp. (P. O. Box 519, Washing- ton, PA 15301) on December 1, 1999, for operation of Plan Approvals transferred under the Air Pollution product packaging station at Drakenfeld Products in Control Act (35 P. S. §§ 4001—4015). Canton Township, Washington County. Northcentral Regional Office: Air Quality Program, 208 PA-63-014B: Duquesne Light Co. (411 Seventh Av- West Third Street, Suite 101, Williamsport, PA 17701, enue, Mail Drop 14-705, Pittsburgh, PA 15230) on Decem- (570) 327-3637. ber 1, 1999, for operation of low-NOx burner, Unit #4 at Alrama Station in Union Township, Washington 17-305-042: DTE River Hill, LLC (425 S. Main County. Street, Suite 201, Ann Arbor, MI 48107) owner, and Covol Technologies, Inc. (3280 Frontage Road, Lehi, UT 84043), Northwest Regional Office: Air Quality Program, 230 operator, on November 17, 1999, for construction of a coal Chestnut Street, Meadville, PA 16335-3481, (814) 332- fines agglomeration (fuel pellet) facility previously owned 6940. by Commonwealth Synfuel LLC in Karthaus Township, PA-42-310C: Duferco Farrell Corp. (15 Roemer Bou- Clearfield County. levard, Farrell, PA 16121) on November 17, 1999, for operation of #4 Tandem Mill and oil mist emission control MINING system in Farrell, Mercer County. APPROVALS TO CONDUCT COAL AND NONCOAL PA-10-047E: Mine Safety Appliances, Co., Callery ACTIVITIES Chemical Division (1420 Mars Evans City Road, Evans MINING ACTIVITY ACTIONS City, PA 16033) on November 29, 1999, for construction of an elemental potassium metal production facility in For- Actions on applications under the Surface Mining Con- ward Township, Butler County. servation and Reclamation Act, (52 P. S. §§ 1396.1— 1396.31); the Noncoal Surface Mining Conservation and PA-42-182B: Allegheny Store Fixtures, Inc. (57 Hol- Reclamation Act (52 P. S. §§ 3301—3326); The Clean ley Avenue, Bradford, PA 16701) on November 22, 1999, Streams Law (35 P. S. §§ 691.1—691.1001); the Coal for operation of a surface coating operation in Bradford Refuse Disposal Control Act (52 P. S. §§ 30.51—30.66); Township, McKean County. The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1—1406.21). The final action on Plan Approvals extensions issued under the Air each application also constitutes action on the request for Pollution Control Act (35 P. S. §§ 4001—4015) and 401 water quality certification. Mining activity permits regulations to construct, modify, reactivate or issued in response to such applications will also address operate air contamination sources and associated the applicable permitting requirements of the following air cleaning devices. statutes: the Air Quality Control Act (35 P. S. §§ 4401— 4015); the Dam Safety and encroachments Act (32 P. S. Southcentral Regional Office: Air Quality Program, 909 §§ 693.1—693.27); and the Solid Waste Management Act Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4702. (35 P. S. §§ 6018.101—6018.1003). 21-05021A: Arnold Fuel Oil, Inc. (P. O. Box 2621, Ebensburg District Office, 437 South Center Street, P. O. Harrisburg, PA 17105) on December 1, 1999, for tempo- Box 625, Ebensburg, PA 15931-0625. rary operation of three gasoline storage tanks, covered under this Plan Approval until March 29, 2000, at the Coal Applications Issued Star Mechanicsburg Terminal, 127 Texaco Road in Silver 56803015, Permit Renewal. Action Mining, Inc. Spring Township, Cumberland County. (1117 Shaw Mines Road, Meyersdale, PA 15552), for 36-310-023E: Compass Quarries, Inc. (47 McIlvaine continued operation and restoration of a bituminous strip Road, Paradise, PA 17562) on December 1, 1999, for mine in Elk Lick Township, Somerset County, affecting temporary operation of an agriculture limestone produc- 375.8 acres, receiving stream unnamed tributaries of the tion plant, covered under this Plan Approval until No- Casselman River, application received October 9, 1998, vember 30, 2000, in Paradise Township, Lancaster issued November 24, 1999. County. 56663069, Revision. Action Mining, Inc. (1117 Shaw Southwest Regional Office: Air Quality Program, 400 Mines Road, Meyersdale, PA 15552), to include a stream Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442- and road variance to conduct mining operations within 4174. the 100 foot barriers to an unnamed tributary to the Casselman River and to State Route 2014, in Elk Lick PA-04-009A: Maverick Tube, LP (4400 W. Fourth and Summit Townships, Somerset County, affecting Avenue, Beaver Falls, PA 15010) on July 16, 1999, for 3110.0 acres, receiving streams unnamed tributaries of/

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 NOTICES 6369 and to the Casselman River; unnamed tributaries of and Pottsville District Office, 5 West Laurel Boulevard, to Elk Lick Creek, application received October 9, 1998, Pottsville, PA 17901-2454. issued November 24, 1999. Small Noncoal (Industrial Mineral) Permits Issued 56970103, Permit Revision. Marquise Mining Cor- 28992807. St. Thomas Towing Rollback Service & poration (3889 Menoher Boulevard, Johnstown, PA Auto Repair (4571 Race Track Road, St. Thomas, PA 15905), for a stream crossing relative to Fallen Timber 17252), commencement, operation and restoration of a Run in Shade Township, Somerset County, affecting quarry operation in St. Thomas Township, Franklin 308.9 acres, receiving stream Fallen Timber Run and an County affecting 3.0 acres, receiving stream—none. Per- unnamed tributary to Stonycreek, application received mit issued November 23, 1999. September 9, 1999, issued December 2, 1999. Knox District Office, P. O. Box 669, Knox, PA 16232. Pottsville District Office, 5 West Laurel Boulevard, Noncoal Permits Issued Pottsville, PA 17901-2454. 3072SM3. Allegheny Mineral Corporation (P. O. 54991301. Joliett Coal Company (837 East Grand Box 1022, Kittanning, PA 16201) Renewal of NPDES No. Avenue, Tower City, PA 17980), commencement, operation PA0605336, Marion and Mercer Townships, Butler and restoration of an anthracite underground mine opera- County. Receiving streams: Two unnamed tributaries to tion in Porter Township, Schuylkill County affecting 3.0 McMurray Run, McMurray Run and unnamed tributary acres, receiving stream—Wiconisco Creek. Permit issued to North Branch Slippery Rock Creek. Application November 22, 1999. received: November 2, 1999. Permit Issued: November 17, 1999. 54980102T. Triple T Mining Company, LP (P. O. Box 487, New Philadelphia, PA 17959-0487), transfer of an 33900307. Robert J. Cole (P. O. Box 678, Falls Creek, existing anthracite surface mine operation in Blythe PA 15840) Revision to an existing noncoal clay and shale Township, Schuylkill County affecting 140.0 acres, re- operation to add 1.5 acres in Washington Township, ceiving stream—none. Transfer issued November 23, Jefferson County. New Surface Mining Permit acreage 1999. is 41.5 acres. Receiving streams: Beaver Dam Run and one unnamed tributary to Beaver Dam Run. Application Greensburg District Office, R. R. 2, Box 603-C, received: July 27, 1998. Permit Issued: November 24, Greensburg, PA 15601. 1999. 03970109. Amerikohl Mining, Inc. (202 Sunset Pottsville District Office, 5 West Laurel Boulevard, Drive, Butler, PA 16001). Permit revised: to relocate 11 Pottsville, PA 17901-2454. acres of permit area; encroach within 100 feet of un- Noncoal Permits Issued named tributary #9 to Huskins Run (including a temporary stream crossing); erosion and sedimentation Module 6476SM19T. David H. Martin Excavating, Inc. 12 modifications (addition of Sediment Pond F and treat- (4961 Cumberland Highway, Chambersburg, PA 17201), ment facilities TE and associated collection ditches) and transfer of an existing quarry operation in Greene Town- new haul road #5; and Modules 19 and 20 to include new ship, Franklin County, affecting 19.0 acres, receiving permit area and new pre and post mining land uses at an stream—none. Transfer issued November 22, 1999. existing bituminous surface/auger mining site located in Cowanshannock Township, Armstrong County, affecting ACTIONS TAKEN UNDER SECTION 97 acres. Receiving streams: Huskins Run and two un- 401: FEDERAL WATER POLLUTION named tributaries to Huskins Run. Application received: CONTROL ACT October 20, 1999. Revision issued: December 1, 1999. ENCROACHMENTS 65910111R. Ralph Smith & Son, Inc. (200 Second Street, Derry, PA 15627). Renewal issued for continued The Department of Environmental Protection (Depart- reclamation only of a bituminous surface mine located in ment) has taken the following actions on previously Salem Township, Westmoreland County, affecting 75.5 received Dam Safety and Encroachment permit applica- acres. Receiving streams: unnamed tributary to Beaver tions, requests for Environmental Assessment approval Run Reservoir. Application received: August 23, 1999. and requests for Water Quality Certification under sec- Reclamation only renewal issued: December 1, 1999. tion 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)). 03990103. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Permit issued for commence- Persons aggrieved by this action may appeal, under ment, operation and reclamation of a bituminous surface/ section 4 of the Environmental Hearing Board Act (35 auger mining site located in Cowanshannock Township, P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 Armstrong County, affecting 59.5 acres. Receiving (relating to the Administrative Agency Law) to the Envi- streams: unnamed tributaries to Cowanshannock Creek. ronmental Hearing Board, 400 Market Street, Floor 2, Application received: June 8, 1999. Permit issued: De- P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787- cember 3, 1999. 3483. TDD users may contact the Board through the Pennsylvania Relay Service, 1 (800) 654-5984. Appeals McMurray District Office, 3913 Washington Road, must be filed with the Environmental Hearing Board McMurray, PA 15317. within 30 days of receipt of the written notice of this action unless the appropriate statute provides a different 17921603. Hepburnia Coal Company (P. O. Box I, time period. Copies of the appeal form and the Board’s Grampian, PA 16838), to renew the permit for the Bells rules of practice and procedure may be obtained from the Landing Tipple in Greenwood Township, Clearfield Board at (717) 787-3483. This paragraph does not, in and County to renew permit, no additional discharges. Per- of itself, create any right of appeal beyond that permitted mit issued November 18, 1999. by applicable statutes and decisional law.

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Actions on applications filed under the Dam Safety E48-285. Encroachment. John and Susan Carl, 1970 and Encroachments Act (32 P. S. §§ 693.1—693.27) Bridge Lane, Bethlehem, PA 18015. To modify and main- and section 302 of the Flood Plain Management tain an existing single-span private bridge across Black Act (32 P. S. § 679.302) and sections 5 and 402 of River by replacing the existing deck and beams with a The Clean Streams Law (35 P. S. §§ 691.5 and 12-inch thick pre-cast concrete deck to provide access to 691.402) and notice of final action for certification three private residences. The proposed superstructure under section 401 of the Federal Water Pollution will be attached to the existing stone abutments and the Control Act (33 U.S.C.A. § 1341(a)). (Note: Permits bridge will have a span of 12.5 feet and an underclear- issued for Small Projects do not include 401 Certifica- ance of approximately 3.9 feet. The project is located tion, unless specifically stated in the description.) along Bridge Lane, northwest of the intersection of Friedensville Road and Meadows Road (Hellertown, PA Northeast Regional Office: Soils and Waterways Sec- Quadrangle N: 14.3 inches; W: 16.3 inches) in Lower tion, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) Saucon Township, Northampton County. 826-2511. E64-206. Encroachment. Pennsylvania Department E35-317. Encroachment. Abington Heights School of Transportation, Engineering District 4-0,P.O.Box District, 218 East Grove Street, Clarks Summit, PA 111, Scranton, PA 18501. To remove the existing structure 18411. To maintain additions to the existing school facil- and to construct and maintain a road crossing of Little ity with a total of approximately 14,000 square feet Keen Creek consisting of an 18.0-foot (5.48-meter) × within the floodplain of Leggetts Creek and Lackawanna 8.0-foot (2.43-meter) reinforced concrete box culvert with Trail Tributary. The project, known as the Renovation and its invert depressed 1.0 foot (0.30 meter) below the Expansion of South Abington Elementary School, includes streambed elevation. Also authorized is a temporary road the construction of sidewalks, parking areas and a bas- crossing consisting of two 42-inch (1.05 meter) diameter ketball court. The project is located on the east side of CMP culverts. The project includes the placement of fill S. R. 0006, approximately 0.2 mile north of the intersec- in a de minimis area of wetlands equal to 0.01 acre. The tion with S. R. 4032 (Scranton, PA Quadrangle N: 18.5 project is located on S. R. 0296, Section 671, Segment inches; W: 8.0 inches) in South Abington Township, 0240, Offset 1311 (Waymart, PA Quadrangle N: 18.2 Lackawanna County. inches; W: 5.1 inches), in Clinton Township, Wayne County. E39-369. Encroachment. North Whitehall Township Board of Supervisors, 3256 Levans Road, Coplay, PA Southcentral Regional Office: Section Chief, Water Man- 18037. To maintain the existing twin span, steel I-beam agement Program, Soils and Waterways Section, 909 bridge with spans of 14-feet, 10-inches and 15-feet, Elmerton Avenue, 2nd Floor, Harrisburg, PA 17110, (717) 9-inches and an average underclearance of 3 feet across 705-4707. Coplay Creek. The project involves construction of a new E05-274. Encroachment. Bedford County Commis- wooden deck and railings and is located at the former sioners, 230 S. Juliana Street, Bedford, PA 15522. To Conrail Railroad Bridge over Coplay Creek approximately rehabilitate and maintain Hewitt Covered Bridge having 0.2 mile downstream of the T-695 bridge over Coplay a clear span of 79.39 feet with an underclearance of 11.29 Creek (Cementon, PA Quadrangle N: 8.7 inches; W: 5.7 feet over Town Creek (HQ-CWF) on T-305 located in the inches) in North Whitehall Township, Lehigh County. Village of Hewitt (Beans Cove, PA Quadrangle N: 0.8 inch; W: 1.6 inches) in Southampton Township, Bedford E39-370. Encroachment. Cedar Fair, L. P., 3830 County. This permit also includes 401 Water Quality Dorney Park Road, Allentown, PA 18104. To construct and Certification. maintain a stream enclosure in a Tributary to Cedar Creek and in a portion of the floodway of Cedar Creek E06-526. Encroachment. Pioneer Crossing Landfill, having a total length of 1,261.3 linear feet as follows: 122 Ryan Inch, 727 Red Ln. Rd., Birdsboro, PA 19508. To feet of 36-inch diameter HDPE pipe, 743 feet of dual construct and maintain a 200 foot extension of an existing 36-inch diameter HDPE pipe, 376.5 feet of dual 42-inch twin 48-inch stream enclosure and to construct and diameter HDPE pipe and associated inlet/junction boxes; maintain a 48-foot section of a 24-inch culvert in the To place and maintain fill within the floodway of Cedar channel of a tributary to the Schuylkill River (WWF) at a Creek associated with the expansion of the lower midway point at the Pioneer Crossing Landfill (Birdsboro, PA of Dorney Park and Wildwater Kingdom. The project is Quadrangle N: 4.99 inches; W: 8.79 inches) for the pur- located at Dorney Park and Wildwater Kingdom, approxi- pose of relocating the landfill entrance road in Exeter mately 0.3 mile north of the intersection of S. R. 0309 and Township, Berks County. This permit also includes 401 S. R. 0222 (Hamilton Boulevard) (Allentown West, PA Water Quality Certification. Quadrangle N: 14.0 inches; W: 5.0 inches) in South Whitehall Township, Lehigh County. E31-154. Encroachment. PA Department of Trans- portation, Engineering District 9-0, 1620 N. Juniata E40-527. Encroachment. Pennsylvania Department Street, Hollidaysburg, PA 16648. To remove an existing of Transportation, Engineering District 4-0,P.O.Box bridge and to (1) construct and maintain a single span 111, Scranton, PA 18501. To remove the existing structure prestressed concrete spread box beam bridge having a and to construct and maintain a road crossing of Hun- normal clear span of 31.16 feet and an underclearance of tington Creek, approximately 40 feet downstream of the 6.48 feet in an unnamed tributary to Sideling Hill Creek existing structure, consisting of twin 16.0-foot × 7.0-foot (HQ-CWF), (2) excavate about 90 feet of stream channel box culverts with their inverts depressed 1.0-foot below to construct an armored elevated floodplain channel streambed elevation. The southern culvert will have a upstream, downstream and through the bridge, and 1.0-foot high concrete weir at its inlet. The project is (3) construct permanent rock lined channels on both located on S. R. 4024, Section 270, approximately 1.1 streambanks below the bridge to convey stormwater miles south of the intersection of S. R. 4024 (Grassy Pond drainage into the stream along with the construction of a Road) and S. R. 0118 (Sweet Valley, PA Quadrangle temporary road crossing and a temporary sand bag N: 8.2 inches; W: 5.9 inches) in Ross Township, Luzerne cofferdam in the stream channel to facilitate construction County. of the bridge located on SR 0655, Segment 0020, Offset

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1607 (Saltillo, PA Quadrangle N: 2.2 inches; W: 6.0 E20-483. Encroachment. PA Department of Trans- inches) in Clay Township, Huntingdon County. This portation, 255 Elm Street, Oil City, PA 16301. To remove permit also includes 401 Water Quality Certification. the existing bridge and to construct and maintain a E36-659. Encroachment. City of Lancaster, 120 N. prestressed concrete adjacent box beam bridge having two Duke Street, Lancaster, PA 17608. To remove the existing clear spans of 30.6 meters and an underclearance of 8.824 pump station structure and construct and maintain a new meters on an 83 degree skew across French Creek on Susquehanna (Sewage) Pump Station with a valve vault S. R. 1025, Section B00 (Grant Street) (Cambridge and wet well to be located within the 100-year floodplain Springs, PA Quadrangle N: 10.25 inches; W: 8.34 inches) of the Conestoga River. The purpose of the project is to located in Cambridge Springs Borough, Crawford increase the station capacity which conveys flows to the County. This project includes impact to a de minimis Lancaster City WWTP. The facility is located at the area of wetland (0.01 hectare) associated with roadway northeast corner of Chesapeake and Strawberry Streets approach fill. (Lancaster, PA Quadrangle, N: 5.25 inches; W: 6.5 E20-484. Encroachment. Beaver Township, 725 Art- inches) in the City of Lancaster, Lancaster County. This man Road, Conneautville, PA 16406. To remove the permit was issued under Chapter 106 Floodplain Manage- existing bridge and to construct and maintain a steel ment. stringer bridge having a span of 25 feet and an Southwest Regional Office: Soils & Waterways Section, underclearance of 5 feet across a tributary to Conneaut 400 Waterfront Drive, Pittsburgh, PA 15222-4745. Creek on T-348 (Cole Road) approximately 500 feet south of S. R. 198 (Beaver Center, PA Quadrangle N: 1.35 E03-382. Encroachment. Pennsylvania Department inches; W: 4.9 inches) located in Beaver Township, of Transportation, Engineering District 10-0,P.O. Crawford County. Box 429, Route 286 S, Indiana, PA 15701. To remove the existing structure and to construct and maintain a single E25-588. Encroachment. Level 3 Communication, span bridge having a normal span of 43.467 meters and L.L.C., 14023 Denver West Parkway, Golden, CO 80401- an underclearance of 5.7 meters across Crooked Creek 3107. To install and maintain a fiber optic cable commu- (WWF) for the purpose of improving the roadway stan- nications line across the following streams and wetlands dards and transportation safety. This permit also autho- from the OH-PA state line approximately 1,800 feet north rizes the construction, maintenance and removal of a of S. R. 20 and crossing Erie County to the PA-NY state temporary causeway in Crooked Creek (WWF) for the line approximately 2,700 feet south of S. R. 20, a distance purpose of removing the existing bridge piers. The project of approximately 44 miles located within the existing is located on S. R. 156, Segment 0362, Offset 2777, Norfolk Southern Railroad right-of-way: Station 7+009.00 m at the Village of South Bend 1. A tributary to Turkey Creek by open trench disturb- (Elderton, PA Quadrangle N: 0.6 inch; W: 16.7 inches) in ing approximately 16 square feet (Conneaut OH-PA Quad- South Bend Township, Armstrong County. rangle N: 13.9 inches; W: 12.5 inches) in Springfield E26-262. Encroachment. Pennsylvania Department Township, Erie County. of Transportation Engineering District 12-0,P.O. 2. Turkey Creek within the existing railroad ballast Box 459, Uniontown, PA 15401. To remove the existing (East Springfield, PA Quadrangle N: 14.8 inches; W: 15.8 structure and to construct and maintain a bridge having inches) in Springfield Township, Erie County. a normal clear span of 42 feet and an underclearance of 3.5 feet across Dunlap Creek (WWF) located on S. R. 4004 3. A tributary to Turkey Creek and adjoining EV Section C01 approximately 200 feet west of its intersec- wetlands by open trench disturbing approximately 13 tion with S. R. 3023. Also, to construct and maintain an square feet (East Springfield, PA Quadrangle N: 15.2 18-inch diameter CMP outfall structure in Dunlap Creek; inches; W: 14.95 inches) in Springfield Township, Erie to conduct channel cleaning within 70 feet upstream and County. 60 feet downstream of the bridge; to permanently place 4. A tributary to Turkey Creek and adjoining EV and maintain fill within a de minimis area of wetland wetlands by open trench disturbing approximately 36 totaling 0.033 acre (PEM/PFO); and to temporarily place square feet (East Springfield, PA Quadrangle N: 15.35 and maintain fill within 0.017 acre of PEM/PFO wetlands inches; W: 14.6 inches) in Springfield Township, Erie (New Salem, PA Quadrangle N: 8.5 inches; W: 13.0 County. inches) in German and Menallen Townships, Fayette County. 5. A tributary to Lake Erie and adjoining EV wetlands by open trench disturbing approximately 6 square feet Northwest Regional Office: Soils and Waterways Sec- (East Springfield, PA Quadrangle N: 18.7 inches; W: 5.2 tion, 230 Chestnut Street, Meadville, PA 16335-3481, (814) inches) in Springfield Township, Erie County. 332-6942. 6. A tributary to Elk Creek and adjoining wetlands by E20-481. Encroachment Conneaut Valley Economic open trench disturbing approximately 30 square feet and Industrial Development Authority, 103 Main (Albion, PA Quadrangle N: 21.1 inches; W: 14.6 inches) Street, P. O. Box 33, Springboro, PA 16435. To dredge in Girard Township, Erie County. approximately 812 cubic yards of accumulated sediment and maintain the channel capacity of a tributary to 7. Elk Creek by bridge attachment (Fairview, PA Quad- Conneaut Creek (CWF-MF) beginning at S. R. 18 and rangle N: 0.6 inch; W: 13.3 inches) in Girard Township, extending downstream approximately 850 feet and to Erie County. construct and maintain a levee having a top elevation of 8. A tributary to Elk Creek and adjoining wetlands by 937 feet beginning at S. R. 18 and extending upstream open trench disturbing approximately 12 square feet along the right (north) bank approximately 637 feet to (Fairview, PA Quadrangle N: 2.5 inches; W: 9.5 inches) in provide flood protection to the Logan Drive Trailer Court Girard Borough, Erie County. along S. R. 18 approximately 0.7 mile north of S. R. 198 (Conneautville, PA Quadrangle N: 2.8 inches; W: 16.9 9. A tributary to Lake Erie (Godfrey Run) by direc- inches) located in Spring Township and Conneautville tional drilling (Fairview, PA Quadrangle N: 3.5 inches; Borough, Crawford County. W: 7.8 inches) in Girard Township, Erie County.

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10. A tributary to Lake Erie (Godfrey Run) by open mately 48 square feet (Harborcreek, PA Quadrangle trench disturbing approximately 10 square feet (Fairview, N: 11.0 inches; W: 3.8 inches) in Harborcreek Township, PA Quadrangle N: 3.9 inches; W: 7.3 inches) in Girard Erie County. Township, Erie County. 28. Twelvemile Creek (HQ-CWF) by bridge attachment 11. Walnut Creek by bridge attachment (Swanville, PA (Harborcreek, PA Quadrangle N: 12.1 inches; W: 1.6 Quadrangle N: 10.5 inches; W: 13.5 inches) in Fairview inches) in Harborcreek Township, Erie County. Township, Erie County. 29. A tributary to Twelvemile Creek (HQ-CWF) by 12. A tributary to Lake Erie by bridge attachment directional boring (North East, PA-NY Quadrangle (Swanville, PA Quadrangle N: 16.9 inches; W: 2.2 inches) N: 13.0 inches; W: 16.7 inches) in North East Township, in Millcreek Township, Erie County. Erie County. 13. West Branch Cascade Creek by directional boring 30. A tributary to Sixteenmile Creek and adjoining (Swanville, PA Quadrangle N: 17.8 inches; W: 0.5 inch) wetland by open trench disturbing approximately 12 in the City of Erie, Erie County. square feet (North East, PA-NY Quadrangle N: 13.5 14. Fourmile Creek by bridge attachment (Erie North, inches; W: 15.8 inches) in North East Township, Erie PA Quadrangle N: 3.6 inches; W: 1.9 inches) in Lawrence County. Park Borough, Erie County. 31. A tributary to Sixteenmile Creek and adjoining 15. A tributary to Fourmile Creek and adjoining wetland by open trench disturbing approximately 8 wetlands by open trench disturbing approximately 38 square feet (North East, PA-NY Quadrangle N: 13.9 square feet (Harborcreek, PA Quadrangle N: 4.7 inches; inches; W: 15.0 inches) in North East Township, Erie W: 16.7 inches) in Harborcreek Township, Erie County. County. 16. Sixmile Creek by bridge attachment (Harborcreek, 32. Sixteenmile Creek by bridge attachment (North PA Quadrangle N: 6.0 inches; W: 13.9 inches) in East, PA-NY Quadrangle N: 15.0 inches; W: 12.7 inches) Harborcreek Township, Erie County. in North East Borough, Erie County. 17. A tributary to Sixmile Creek by open trench dis- 33. A tributary to Sixteenmile Creek by open trench turbing approximately 10 square feet (Harborcreek, PA disturbing approximately 20 square feet (North East, Quadrangle N: 6.7 inches; W: 12.5 inches) in Harbor- PA-NY Quadrangle N: 16.1 inches; W: 10.4 inches) in creek Township, Erie County. North East Borough, Erie County. 18. A tributary to Sevenmile Creek by directional bore 34. A tributary to Lake Erie and adjoining wetland by (Harborcreek, PA Quadrangle N: 7.1 inches; W: 11.6 open trench disturbing approximately 30 square feet inches) in Harborcreek Township, Erie County. (North East, PA-NY Quadrangle N: 17.7 inches; W: 7.4 inches) in North East Township, Erie County. 19. Sevenmile Creek by bridge attachment (Harbor- creek, PA Quadrangle N: 7.5 inches; W: 11.0 inches) in 35. Eighteenmile Creek by bridge attachment (North Harborcreek Township, Erie County. East, PA-NY Quadrangle N: 19.0 inches; W: 3.8 inches) in North East Township, Erie County. 20. A tributary to Elliots Run by open trench disturbing approximately 6 square feet (Harborcreek, PA Quad- 36. Twentymile Creek by bridge attachment (North rangle N: 8.1 inches; W: 9.7 inches) in Harborcreek East, PA-NY Quadrangle N: 19.3 inches; W: 2.8 inches) Township, Erie County. in North East Township, Erie County. 21. Elliots Run and adjoining wetlands by open trench E25-591. Encroachment. Amity Township, 15030 disturbing approximately 30 square feet (Harborcreek, PA Casler Road, Union City, PA 16438, Venango Township, Quadrangle N: 8.8 inches; W: 8.3 inches) in Harborcreek 9141 Townhall Road, Wattsburg, PA 16442, Wattsburg Township, Erie County. Borough, 14431 Main Street, Wattsburg, PA 16442. To construct and maintain a total of approximately 3,500 22. A tributary to Elliots Run and adjoining wetlands feet of bank stabilization consisting of root wads, grading by open trench disturbing approximately 16 square feet and plantings and a total of 1,000 feet of 20-foot-wide (Harborcreek, PA Quadrangle N: 8.9 inches; W: 8.1 high flow channel impacting 0.4 acre of wetland (PSS/ inches) in Harborcreek Township, Erie County. EM) at various locations along a total reach of approxi- 23. A tributary to Eightmile Creek by open trench mately 1.5 miles of French Creek extending upstream disturbing approximately 26 square feet (Harborcreek, PA from S. R. 8 (Union City, PA Quadrangle N: 22.4 inches; Quadrangle N: 9.5 inches; W: 6.75 inches) in W: 8.3 inches) to near S. R. 474 (Wattsburg, PA-NY Harborcreek Township, Erie County. Quadrangle N: 1.1 inches; W: 5.8 inches) located in Amity and Venango Townships and Wattsburg Borough, 24. Eightmile Creek and adjoining wetlands by open Erie County. trench disturbing approximately 34 square feet (Harbor- creek, PA Quadrangle N: 10.0 inches; W: 5.9 inches) in E25-593. Encroachment. PA Department of Trans- Harborcreek Township, Erie County. portation, District 1-0, 255 Elm Street, P. O. Box 398, Oil City, PA 16301. To construct the following work in and 25. A tributary to Scott Run and adjoining wetland by along Walnut Creek on S. R. 79, Section A01 approxi- open trench disturbing approximately 38 square feet mately 2,200 feet north of the Kearsarge Intyerchange (Harborcreek, PA Quadrangle N: 10.35 inches; W: 5.2 (S. R. 4012) (Erie South, PA Quadrangle N: 13.2 inches; inches) in Harborcreek Township, Erie County. W: 14.5 inches) located in Millcreek Township, Erie 26. Scott Run and adjoining wetland by open trench County: disturbing approximately 20 square feet (Harborcreek, PA 1. Remove the existing northbound and southbound Quadrangle N: 10.8 inches; W: 4.2 inches) in Harbor- bridges. creek Township, Erie County. 2. Remove a gravel bar extending upstream from the 27. A tributary to Twelvemile Creek (HQ-CWF) and southbound bridge along the north bank approximately adjoining wetland by open trench disturbing approxi- 180 feet.

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3. Install and maintain rock riprap bank protection of Deep Hollow Road (Franklin, PA Quadrangle N: 0.4 along both banks beginning approximately 50 feet up- inches; W: 1.3 inches) located in Cranberry Township, stream of the northbound bridge and extending down- Venango County. stream approximately 265 feet. 4. To construct and maintain two prestressed concrete E62-350. Encroachment. Cochran and Zandi Lum- composite I-beam bridges having clear spans of 90.5 feet ber Company, P. O. Box 547, Sheffield, PA 16347. To with the northbound bridge having an underclearance of construct and maintain a steel beam bridge having a 14 feet and the southbound bridge having an underclear- clear span of 24 feet and an underclearance of 4 feet ance of 12.25 feet. across Arnot Run (EV, Wild Trout) for a private timber access road 800 feet west of T-524 approximately 3,200 E37-128. Encroachment. Mitcheltree Brothers,P.O. feet south of the intersection of Cherry Grove Road (S. R. Box 332, Pulaski, PA 16143. To construct and maintain a 90-foot-long, 142-inch-wide by 91-inch-high corrugated 2001) and Sorenon Road (Cherry Grove, PA Quadrangle steel pipe arch culvert in a tributary to Buchanan Run on N: 3.3 inches; W: 1.8 inches) located in Cherry Grove an access roadway to Mitcheltree Brothers Sawmill ex- Township, Warren County. tending west from Route 551 (T-649) approximately 1 E62-351. Encroachment. Allegheny Partners, L. P. mile north of S. R. 208 (Edinburg, PA Quadrangle N: 22.6 c/o Forest Investment Associates, Box 1474, 312 W. inches; W: 7.5 inches) located in Pulaski Township, Main Street, Smethport, PA 16749. To remove the exist- Lawrence County. ing structure, remove a gravel bar, stabilize the stream E61-226. Encroachment. Cranberry Township,P.O. banks and to construct and maintain a pre-fabricated Box 378, Seneca, PA 16346. To remove the existing steel bridge having a span of 22.5 feet and a maximum superstructure, modify and extend the existing abutments underclearance of 5.4 feet across tributary to Andrews approximately 7 feet upstream, install new wingwalls, Run for a private timber access road extending east from steel I-beam superstructure and rock riprap scour protec- S. R. 3007 (Davy Hill Road) approximately 1.5 miles tion and to maintain the bridge having a clear span of 30 south of S. R. 27 (Pittsfield, PA Quadrangle N: 11.0 feet and an underclearance of 8.9 feet across Lower inches; W: 1.1 inches) located in Pittsfield Township, Twomile Run on Aires Road approximately 500 feet south Warren County. STORAGE TANKS SITE SPECIFIC INSTALLATION PERMITS The following Storage Tank Site Specific Installation Permits under the authority of the Storage Tank and Spill Prevention Act, (35 P. S. §§ 6021.304, 6021.504, 6021.1101—1102) and 25 Pa. Code Chapter 245, Subchapter C have been issued by the Bureau of Watershed Conservation, Director, P. O. Box 8555, Harrisburg, PA 17105-8555, (717) 787-5267. SSIP Applicant Name County and Tank Type Permit No. and Address Municipality and Capacity 99-02-004 Barry Atkins Allegheny County 1 AST storing Neville Chemical Company Neville Township aka LP-220 2800 Neville Road 100,000 gallons Pittsburgh, PA 15225-1496 99-02-005 Robert Spargal Allegheny County 2 ASTs storing U. S. Steel, Clairton Works Clairton Methanol 400 State Street 50,000 gallons each Clairton, PA 15025-1855 99-02-006 Dale Dodson Allegheny County 1 AST storing U. S. Steel Group West Mifflin Hydrochloric Acid P. O. Box 878 MS #160 40,000 gallons Dravosburg, PA 15034

The applications are for stormwater construction activi- SPECIAL NOTICES ties, with a discharge to Valley Creek, Broad Run and Little Valley Creek respectively. A copy of the applications 102/NPDES Stormwater Public Hearing are available for review in the Southeast Regional Office’s The Department of Environmental Protection (Depart- Record Management Section, (610) 832-6268. Those inter- ment) Water Management Program will be holding a fact ested in reviewing the applications should call to schedule finding hearing on the following Stormwater NPDES a date to review the file. The project sponsors are General permit applications: General Residential Properties, Low- Residential Properties, 666 Exton Commons, Exton, PA land Farm, PAS10-G387, Carl Wright, Welsh Tract Subdi- 1934; Carl Wright, 532 Bryn Mawr Avenue, Swarthmore, vision, PAS10-G389, F. Brian Forcine, Forcine Concrete, PA 19081; F. Brian Forcine, 2403 Yellow Springs Road, PAS10-G393. Malvern, PA 19355. The hearing is scheduled for January 26, 2000, at 1:30 p.m. at the Chester County Conservation District Office, Comments received will be considered by the Depart- Conference Room 240, 601 Westtown Road, West Chester, ment in completing its review and prior to taking final PA 19382-4519, Chester County. The hearing is being actions concerning any of the applications. The hearing held to solicit pertinent comments on these applications. will not be a question and answer session.

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Anyone intending to make a presentation at the hear- employe wages, operation of equipment, transportation, ing should submit written notice to the Regional Man- processing costs, and the like). Grants may not be used ager, Water Management Program at the above address. for the purchase of equipment and grant recipients shall The notice should include your name, address and phone use funds only for those activities approved by the number, whether you are opposed or in favor of the Department. project and a brief statement about your presentation. Comments should be kept brief and, depending on the All applicants must complete and submit an official number of speakers, may be limited to 10 minutes per two-part application for each proposed tire pile remedia- speaker. Where groups are represented, a spokesperson is tion. The Waste Tire Remediation Grant Application requested to present the group’s concern. Anyone wishing Parts A and B include all the materials and instructions to present written material directly to the Department necessary for applying for a grant. Copies of these may do so within 30 days following the hearing. documents are available by contacting the Division of Municipal and Residual Waste at (717) 787-7381 or may Persons with a disability who wish to attend the be obtained electronically from the DEP Internet site on hearing and require an auxiliary aid, service or other the world wide web at: http://www.dep.state.pa.us (choose accommodations to participate in the proceedings should subject and select T). Six copies of the application con- contact Sharon Moore, at (610) 832-6073. TDD users may taining both Parts A and B must be completed and contact the Department through the Pennsylvania AT&T submitted by 4 p.m. on January 28, 2000, to: Department Relay Service at (800) 654-5984. of Environmental Protection, Division of Municipal and Residual Waste, 14th Floor—Rachel Carson State Office Availability of Grants for the Remediation of Waste Building, 400 Market Street, P. O. Box 8472, Harrisburg, Tire Piles in Pennsylvania under the Waste Tire PA 17105-8472. Applications, which are incomplete or Recycling Act (Act 190 of 1996) arrive after the deadline, will not be considered. The Department of Environmental Protection (Depart- At a minimum, all applications must contain: (1) a ment) hereby announces the availability of grants under description of the applicant’s experience in waste tire the Waste Tire Recycling Act (Act 190 of 1996) for fiscal remediation, (2) markets or end-uses for the remediated year 99/00 for the remediation of waste tire piles in tires, (3) a schedule for the remediation of tires at the Pennsylvania. Act 190 provides a grant program, tax site, (4) proposed cost of the waste tire pile remediation, credits and enforcement provisions to reduce the stock- and (5) any additional information the Department piles of waste tires. The Waste Tire Pile Remediation deems necessary. Please follow the instructions in the Grant Program is funded through the Used Tire Pile Part A and B Grant Application to assure you are Remediation Restricted Account, which may receive up to submitting all of the necessary information in the correct $1 million annually from the Recycling Fund established format. by Act 101, the Municipal Waste Planning, Recycling and Waste Reduction Act. The total grants funds available is Persons who have any questions about this grant $200,000 that may be awarded to remediate the waste program should contact the Division of Municipal and tire piles listed. Only those waste tire piles listed are Residual Waste (717) 787-7381. eligible under this grant offering. Certification to Perform Radon-Related Activities In order to be considered for a grant, an in Pennsylvania applicant: 1) must propose to remediate any of the following waste tire piles, Norman K. Lady located in Butler In the month of November 1999 the Department of Township, Adams County, Moulstown Road located in Environmental Protection of the Commonwealth of Penn- Heidelberg Township, York County, and Beltrami located sylvania, under the authority contained in the Radon in Foster Township, Luzerne County (copies of this list is Certification Act (63 P. S. §§ 2001—2014) and regulations available from the Division of Municipal and Residual promulgated thereunder at 25 Pa. Code Chapter 240, has Waste, (717) 787-7381, or may be obtained electronically certified the persons listed to perform radon-related ac- via the DEP Internet site on the world wide web tivities in Pennsylvania. The period of certification is 2 at: http//www.dep.state.pa.us under the Municipal and years. For a complete list of persons currently certified to Residual Waste page); 2) must not have contributed, in perform radon-related activities in Pennsylvania and for any manner, to the creation of a noncompliant waste tire information as to the specific testing devices that persons pile; and 3) must have an identifiable end-use for the certified for testing or laboratory are certified to use, waste tires to be remediated. contact the Bureau of Radiation Protection, Radon Divi- Grant funds are to be used for activities directly related sion, P. O. Box 8469, Harrisburg, PA 17105-8469, (800) to the remediation of priority waste tire sites (such as 23RADON.

Name Address Type of Certification Robert Anderson 282 Longstreet Drive Mitigation Radon Protection Services Gettysburg, PA 17325 Michael Cush P. O. Box 273 Testing Gilbert, PA 18331 Arnold Fiergang R. R. 2, Box 340B Testing Dallas, PA 18612 Jeffrey Flood P. O. Box 191 Testing Centre Region Home Inspectors Centre Hall, PA 16828

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Name Address Type of Certification Steven Gorman 282 Longstreet Drive Testing Mason Dixon Home Insp. Services, Inc. Gettysburg, PA 17325 David Grammer 27 Ironia Road, Unit 2 Laboratory Radata, Inc. Flanders, NJ 07836 Robert Latorra RR 1, Box 241 Testing Benton, PA 17814 Juan Lluna-Garces 1324 Crestmont Drive Testing Downingtown, PA 19335 Mitigation John Mallon, Jr. P. O. Box 419/153 Jordan Street Testing Radon Detection & Control South Heights, PA 15081 Mitigation Mid-State Inspections Service 2020 Bellemeade Drive Testing Altoona, PA 16602 Bess Naylor 1660 Camp Betty Washington Road Testing Quality Testing Services, Inc. York, PA 17402 Mitigation Randolph Ragland 145 Derr Drive Testing Radon Test, Inc. Collegeville, PA 19426 John Trusa 454 Dana Street Mitigation Wilkes-Barre, PA 18702 Malcolm Whipkey 1934 Overland Court Testing Allison Park, PA 15101 [Pa.B. Doc. No. 99-2136. Filed for public inspection December 17, 1999, 9:00 a.m.]

Availability of Technical Guidance ment systems and technologies that are acceptable under Chapter 73. Chapter 73 allows for the use of these Technical Guidance Documents are on DEP’s World alternate and experimental systems for new land develop- Wide Web site (www.dep.state.pa.us) at the Public Partici- ment and when applying the ‘‘best technical guidance’’ pation Center. The ‘‘1999 Inventory’’ heading is the available for correcting a malfunction or making a repair Governor’s List of Nonregulatory Documents. The ‘‘Search of an existing onlot wastewater system. The revised the Inventory of Technical Guidance Documents’’ heading guidance includes additional systems and proposes modi- is a database of the Inventory. The ‘‘Final Documents’’ fications to existing systems. This guidance was last heading is the link to a menu of the various DEP bureaus published in 1997. The Sewage Advisory Committee and from there to each bureau’s final technical guidance reviewed this draft guidance in October 1999. Anticipated documents. The ‘‘Draft Technical Guidance’’ heading is the link to DEP’s draft technical guidance documents. Effective Date: January 31, 2000 Comment Period Ends: January 18, 2000 Contact: Milton Lauch at (717) 787- DEP will continue to revise its documents, as necessary, 8184, fax number is (717) 772-5156, or E-mail at throughout 1999. [email protected] Ordering Paper Copies of DEP Technical Guidance JAMES M. SEIF, Persons can order a bound paper copy of the latest Secretary Inventory or an unbound paper copy of any of the final [Pa.B. Doc. No. 99-2137. Filed for public inspection December 17, 1999, 9:00 a.m.] documents listed on the Inventory by calling DEP at (717) 783-8727. In addition, bound copies of some of DEP’s documents are available as DEP publications. Please check with the appropriate bureau for more information about the avail- Coal Mining: Water Supply Replacement and Bond ability of a particular document as a publication. Release Changes to Technical Guidance Documents Here is the current list of recent changes. Persons who The Department of Environmental Protection (Depart- have any questions or comments about a particular ment), Bureau of Mining and Reclamation announces the document should call the contact person whose name and development of several new forms that may affect coal phone number is listed with each document. Persons who mine operators. Use of these forms is consistent with the have questions or comments in general should call Joe Surface Mining Conservation and Reclamation Act (52 Sieber at (717) 783-8727. P. S. §§ 1396.1—1396.31) and the Department’s regulations in 25 Pa. Code Chapters 86—88 (relating to surface Draft Guidance—Substantive Revision and underground coal mining: general; surface mining of DEP ID: 362-0300-007 Title: Alternate and Experimen- coal; and anthracite coal). The new forms should be used tal Systems Guidance Description: This document identi- immediately; the forms that they replace will not be fies alternate and experimental onlot wastewater treat- accepted after December 31, 1999.

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Water Supply Waivers Welfare (Department) is asking organizations interested in participating as an LTCCAP provider during Fiscal Coal mine operators whose surface mining activities Year 1999-2000 to contact the Department. Providers will and bituminous underground mining activities affect a be responsible to provide a specific package of services to water supply must replace or restore the affected supply individuals who are eligible for both Medicare and Medic- with an alternate source of water. The alternate water aid and have been determined to require nursing facility source must be adequate in quantity and quality for the services. To be considered for an LTCCAP site during purposes served by the original supply. Water supply Fiscal Year 1999-2000, organizations must be enrolled in waiver forms are used to document a landowner’s accep- the Medical Assistance Program, meet the requirements tance of a lesser replacement supply or the landowner’s included in the PACE Protocols, and have a completed intent to abandon the original water supply. On May 9, feasibility study through a PACE Technical Assistance 1998, the Department amended its regulations to require Center. water supply replacement waivers to be on forms developed by the Department and, most importantly, to be The Department will consider, among other things, the recorded with the appropriate recorder of deeds. These following factors when determining site selection for requirements can be found in 25 Pa. Code § 87.119 LTCCAP: (relating to hydrologic balances: water rights and replacement for bituminous coal surface mining activities; and • Medical Assistance service need § 88.107 (relating to hydrologic balance: water rights and • Medical Assistance service availability (underbedded, replacement) for anthracite coal surface mining activities overbedded, home and community based services, and the and bank removal. like) Copies of the waiver forms, “Consent to a Lesser Water • Project location (suburban v. urban, existing project Supply Agreement” (5600-FM-MR0110) and “Abandon- sites, and the like) ment of Water Supply Agreement” (5600-FM-MR0111), may be obtained from the District Mining Office. The • Uniqueness of project design (closing existing nurs- forms may also be downloaded from the Department’s ing facility beds, collaboration efforts, and the like) web page at www.dep.state.pa.us (choose Subjects/Mineral Resources/Bureau of Mining and Reclamation). The Dis- Questions regarding PACE Protocols or the feasibility trict Mining Offices will continue to accept properly study through a PACE Technical Assistance Center recorded waivers on other forms until December 31, 1999. should be directed to Cindy M. Proper at (717) 772-2525. However, beginning January 1, 2000, the Department will Individuals who feel they meet the above criteria, and accept only waivers that are on the new Department are interested in being considered to provide services form. during Fiscal Year 1999-2000, should submit a letter of Bond Release Completion Report interest, along with a copy of their completed feasibility study within 30 days from the date of this publication to: The Department has revised the “Coal Completion LTCCAP, Division of LTC Client Services, Department of Report” (5600-FM-MR0370). Permittees use this form Public Welfare, 4th Floor Bertolino Building, P. O. Box when applying for a bond release. The form was revised 2675, Harrisburg, PA 17105. because of changes to the regulations and to provide the Department more complete information on the amount of FEATHER O. HOUSTOUN, remining performed by the permittee. Copies of the new Secretary “Coal Completion Report” may be obtained from the Fiscal Note: 14-NOT-229. No fiscal impact; (8) recom- District Mining Office. The form may also be downloaded mends adoption. from the Department’s web site at www.dep.state.pa.us [Pa.B. Doc. No. 99-2139. Filed for public inspection December 17, 1999, 9:00 a.m.] (choose Subjects/Mineral Resources/Bureau of Mining and Reclamation). The new form may be used immediately. The District Offices will accept the old forms until December 31, 1999. After January 1, 2000, the District Mining Offices will Payments to Nursing Facilities October 1, 1999 accept only the new forms. Final Rates JAMES M. SEIF, Secretary The purpose of this notice is to announce final payment [Pa.B. Doc. No. 99-2138. Filed for public inspection December 17, 1999, 9:00 a.m.] rates for nursing facilities beginning October 1, 1999, in accordance with Section 1902(a)(13)(A) of the Social Secu- rity Act (42 U.S.C.A. § 1902(a)(13)(A)), as amended by Section 4711 of the Balanced Budget Act of 1997, P. L. 105-33, § 4711. An October 1, 1999 Proposed Rates Notice was published at 29 Pa.B. 5556 (October 23, 1999) and DEPARTMENT OF provided for a 30-day comment period. The Department did not receive any comments on the proposed October 1, PUBLIC WELFARE 1999 rate notice. Expansion of the Long Term Care Capitated As- Rates sistance Program; Request for Information The final October 1, 1999 rates are available through the Bulletin Board System (BBS) at (800) 833-5091, at The Long Term Care Capitated Assistance Program the local County Assistance Offices throughout this Com- (LTCCAP) is a replication of the On Lok Model Program monwealth, or by contacting Tom Jayson in the Policy of All-inclusive Care for the Elderly (PACE). Under this Section of the Bureau of Long Term Care Programs at Request for Information (RFI), the Department of Public (717) 772-2570.

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Methodology This rate will be codified under 61 Pa. Code § 4.2(a) (relating to rate of interest). The methodology that the Department used to set the final rates is contained in 55 Pa. Code Chapter 1187, Although the Tax Reform Act of 1986 amended Internal Subchapter G (relating to rate setting) and the Common- Revenue Code section 6621, by requiring that the Secre- wealth’s approved Title XIX State Plan. tary of the Treasury of the United States establish quarterly rates of interest to become effective for Federal Justification purposes on the first month of each calendar quarter, these amendments do not affect Commonwealth law. The The justification for establishing the final rates is that Fiscal Code requires that the interest rate be established the regulations at 55 Pa. Code Chapter 1187 and the effective January 1 of each calendar year without regard Commonwealth’s approved Title XIX State Plan require to any change in the Federal interest rate during the that rates be set on a quarterly basis. calendar year. The estimated increase in annual aggregate expendi- ROBERT A. JUDGE, Sr., tures for Medical Assistance nursing facility services for Secretary FY 1999-2000 based on these final rates is $9.340 million [Pa.B. Doc. No. 99-2141. Filed for public inspection December 17, 1999, 9:00 a.m.] ($4.314 million in State funds).

Interested persons are invited to submit written comments about the final rates to the Department within 30 days of publication of this notice in the Pennsylvania Bulletin. Comments should be addressed to: Department Pennsylvania $30,000 Clubs of Public Welfare, Office of Medical Assistance Programs, Attention: Suzanne Love, Room 515 Health and Welfare Under the State Lottery Law (72 P. S. §§ 3761-101— Building, Harrisburg, PA 17105. 3761-314) and 61 Pa. Code § 819.203 (relating to notice of instant game rules), the Secretary of Revenue hereby Persons with a disability may use the AT&T Relay provides public notice of the rules for the following Services by calling (800) 654-5984 (TDD Users) or (800) instant lottery game: 654-5968 (Voice Users). Persons who require another alternative should contact Thomas Vracarich in the Office 1. Name: The name of the game is Pennsylvania of Legal Counsel at (717) 783-2209. $30,000 Clubs. FEATHER O. HOUSTOUN, 2. Price: The price of a Pennsylvania $30,000 Clubs Secretary instant lottery game ticket is $2.00. Fiscal Note: 14-NOT-230. (1) General Fund; 3. Play Symbols: Each Pennsylvania $30,000 Clubs (2) Implementing Year 1999-00 is $4.314 Million; (3) 1st instant lottery game ticket will contain one play area. Succeeding Year 2000-01 is $6.040 Million; 2nd Succeed- The play symbols and their captions located in the play ing Year 2001-02 is $6.342 Million; 3rd Succeeding Year area are: Heart Symbol (HEART), Spade Symbol 2002-03 is $6.659 Million; 4th Succeeding Year 2003-04 is (SPADE), Diamond Symbol (DIAMND) and Club Symbol $6.992 Million; 5th Succeeding Year 2004-05 is $7.341 (CLUB). Million; (4) 1998-99 Program—$721.631 Million; 1997-98 Program—$617.252 Million; 1996-97 Program—$591.910 4. Prizes: The prizes that can be won in this game are Million; (7) Medical Assistance—Long Term Care; (8) rec- $2, $3, $9, $12, $30, $60, $90, $120, $300 and $30,000. ommends adoption. There are funds available in the Department’s budget to cover the cost of this increase. 5. Approximate Number of Tickets Printed For the [Pa.B. Doc. No. 99-2140. Filed for public inspection December 17, 1999, 9:00 a.m.] Game: Approximately 5,040,000 tickets will be printed for the Pennsylvania $30,000 Clubs instant lottery game. 6. Determination of Prize Winners: (a) Holders of tickets with ten Club Symbol (CLUB) play symbols in the play area, on a single ticket, shall be DEPARTMENT OF entitled to a prize of $30,000. REVENUE (b) Holders of tickets with nine Club Symbol (CLUB) play symbols in the play area, on a single ticket, shall be Interest Rate Notice entitled to a prize of $300. (c) Holders of tickets with eight Club Symbol (CLUB) Under the provisions of section 806 of the Fiscal Code play symbols in the play area, on a single ticket, shall be (72 P. S. § 806), the Secretary of Revenue announces that, entitled to a prize of $120. for the year commencing January 1, 2000, all unpaid taxes which became due and payable to the Common- (d) Holders of tickets with seven Club Symbol (CLUB) wealth on and after January 1, 1982, shall bear interest play symbols in the play area, on a single ticket, shall be at the rate of 8% per annum. This rate will remain entitled to a prize of $90. constant until December 31, 2000. Under the provisions of section 6621(a)(2) of the Internal Revenue Code, this (e) Holders of tickets with six Club Symbol (CLUB) rate has been established by the Secretary of the Trea- play symbols in the play area, on a single ticket, shall be sury of the United States, to be effective January 1, 2000. entitled to a prize of $60.

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(f) Holders of tickets with five Club Symbol (CLUB) (j) Holders of tickets with one Club Symbol (CLUB) play symbols in the play area, on a single ticket, shall be play symbol in the play area, on a single ticket, shall be entitled to a prize of $30. entitled to a prize of $2. (g) Holders of tickets with four Club Symbol (CLUB) (k) A prize will be paid only for the highest Pennsylva- play symbols in the play area, on a single ticket, shall be nia $30,000 Clubs instant lottery game prize won on the entitled to a prize of $12. ticket if the ticket meets the criteria established in 61 (h) Holders of tickets with three Club Symbol (CLUB) Pa. Code § 819.213 (relating to ticket validation and play symbols in the play area, on a single ticket, shall be requirements). entitled to a prize of $9. 7. Number and Description of Prizes and Approximate (i) Holders of tickets with two Club Symbol (CLUB) Odds: The following table sets forth the approximate play symbols in the play area, on a single ticket, shall be number of winners, amounts of prizes, and approximate entitled to a prize of $3. odds of winning:

Approximate No. of Approximate Winners Per 5,040,000 Get Win Odds Tickets 1 Club $2 1:6.00 840,000 2 Clubs $3 1:18.75 268,800 3 Clubs $9 1:75 67,200 4 Clubs $12 1:150 33,600 5 Clubs $30 1:75 67,200 6 Clubs $60 1:600 8,400 7 Clubs $90 1:6,000 840 8 Clubs $120 1:30,000 168 9 Clubs $300 1:120,000 42 10 Clubs $30,000 1:1,008,000 5

8. Retailer Incentive Awards: The Lottery may conduct a separate Retailer Incentive Game for retailers who sell DEPARTMENT OF Pennsylvania $30,000 Clubs instant lottery game tickets. The conduct of the game will be governed by 61 Pa. Code TRANSPORTATION § 819.222 (relating to retailer bonuses and incentives). Finding 9. Unclaimed Prize Money: For a period of 1 year from the announced close of Pennsylvania $30,000 Clubs, prize Bradford County money from winning Pennsylvania $30,000 Clubs instant lottery game tickets will be retained by the Secretary for Pursuant to the provisions of 71 P. S. Section 2002(b), payment to the persons entitled thereto. If no claim is the Secretary of Transportation makes the following made within 1 year of the announced close of the written finding: Pennsylvania $30,000 Clubs instant lottery game, the right of a ticket holder to claim the prize represented by The Department of Transportation has designated the the ticket, if any, will expire and the prize money will be River Street Extension Alternative as the selected alter- paid into the State Lottery Fund and used for purposes native for the Central Bradford County Traffic Improve- provided for by statute. ment Project. The project involves the construction of a new roadway and intersection to connect S.R. 2027 to 10. Governing Law: In purchasing a ticket, the cus- River Street, just south of the US 6 bridge in Towanda. tomer agrees to comply with and abide by the State Existing River Street would be reconstructed to provide a Lottery Law (72 P. S. §§ 3761-101—3761-314), the regula- two-lane, two-direction roadway from just south of the US tions contained in 61 Pa. Code Part V (relating to State 6 bridge north along the west side of the Susquehanna Lotteries) and the provisions contained in this notice. River to Chestnut Street. This alternative would also include the construction of a new two-lane, two-direction 11. Termination of the Game: The Secretary may an- roadway extension along the Susquehanna River from nounce a termination date, after which no further tickets Chestnut Street to Pratt Avenue. The extension would from this game may be sold. The announcement will be then follow a northwesterly direction to the intersection disseminated through media used to advertise or promote of US 6 and Patterson Boulevard. Pennsylvania $30,000 Clubs or through normal communications methods. The River Street Extension Alternative best meets the identified project needs to reduce traffic/truck volume and ROBERT A. JUDGE, Sr., congestion on Main Street and York Avenue, improve Secretary safety on Main Street and York Avenue, improve the [Pa.B. Doc. No. 99-2142. Filed for public inspection December 17, 1999, 9:00 a.m.] quality of life in downtown Towanda, and support community enhancements. All practicable means to avoid or minimize harm to the environment have been adopted.

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No adverse environmental effect is likely to result from c. Specialized experience, previous experience, techni- the subject project. cal competence of individuals who constitute the firm. BRADLEY L. MALLORY, d. Current workload and capacity of firm to perform Secretary work. [Pa.B. Doc. No. 99-2143. Filed for public inspection December 17, 1999, 9:00 a.m.] e. Past record of performance with respect to cost control, work quality, and ability to meet schedules. The goal for Disadvantaged Business Enterprise (DBE) participation in this Agreement shall be fifteen (15%) Retention of Engineering Firms percent of the total contract price. Additional information concerning DBE participation in this Agreement is con- Centre County tained in the General Requirements and Information section after the advertised project(s). Project Reference No. 08430AG2462 The shortlisting for this project will be done at the The Department will retain an engineering firm to District. All firms submitting letters of interest will be provide final design services for S.R. 0080, Section B18 notified by the District of the shortlisting date. and S.R. 0080, Section A18 in Spring and Marion Town- ships, Centre County. These projects include the construc- This project reference assignment is considered. The tion of two (2) interchanges between Interstates 80 and letter of interest shall be limited to a maximum of five (5) 99 and Interstate 80 and PA Route 26, respectively. The pages, 8 1/2Љ x11Љ, one sided, plus an organizational chart Department reserves the right to add construction consul- (up to 11Љ x17Љ size), and additional resumes, if appli- tation and shop drawing review at a later date. cable. (See the General Requirements and Information S.R. 0080, Section B18 is the high-speed interchange Section). between Interstates 80 and 99. This project includes the The Letter of Interest submission shall be sent to: analysis/design of four (4) culverts, the replacement of two (2) sets of dual bridges (two 104’,112’ and 105’) and Mr. George M. Khoury, P.E., District Engineer seven (7) new structures whose lengths are approximately Engineering District 2-0 230’, 197’, 131’, 131,’ 230’, 1755’ and 1165’. This Inter- 1924-30 Daisy Street, P. O. Box 342 change is designed for continuity with the associated Clearfield, PA 16830 ramps. S.R. 0080, Section A18 is the construction of a new interchange between Interstate 80 and PA Route 26. The Letter of Interest submission for this project This project includes one (1) structure approximately 328’ reference number must be received at the address listed in length. Approximately 3.5 miles of Interstate 80 will be above by 4:30 P.M. prevailing time on the twentieth designed using I-4R standards. Traffic for S.R. 0080 will (20th) day following the date of this Notice. be maintained using temporary crossovers. Traffic for Any technical questions concerning the requirements S.R.’s 0026, 1005, 1008 will be maintained using tempo- for this project should be directed to: Mr. Mark L. rary roadways, lane closures, flagging operations, and Kucherer, P.E., District 2-0, at (814) 765-0440. detours as necessary. Wetland mitigation will be required. The estimated construction cost is $80 million for both Perry County Interchanges and the I-4R construction. Project Reference No. 08430AG2463 The selected engineering firm will be required to The Department will retain an engineering firm for a perform surveys; refine preliminary design/Step 9; utility multi-phase, specific project agreement to provide prelimi- coordination; archaeology; final roadway design; final nary studies, environmental studies, preliminary engi- right-of-way plans; structure design; culvert analysis/ neering, final design, including preparation of bridge and design; signing, pavement marking and delineation roadway plans, specifications and estimates; shop draw- design/plans; erosion and sedimentation control plan; ing review and consultation during construction. This traffic control plan; wetland mitigation plan and neces- project is of the bridge replacement or bridge rehabilita- sary permits; geo-technical engineering; interchange tion of three (3) covered bridges. The approved construc- lighting plan; incident management plan; and the con- tion cost of these three (3) bridges is approximately $2 struction plans, specifications, and estimates. This project million total. All three (3) projects will be together will be performed in English units. through the cultural resource process but may end up The letters of interest, at a minimum, will indicate the with separate environmental documents. Their locations following; how the firm will accomplish the tasks outlined are as follows: or provide the services required, and the names and * S.R. 3005, Section 003 Over Shermans Creek South- resumes of key individuals that will provide the services. west Madison Township The anticipated time duration for this Agreement is eighteen (18) months. The Department reserves the right * S.R. 3008, Section 005 Adairs, Cisna mill bridge over to change the Agreement duration to meet project needs. Shermans Creek Southwest Madison Township The Department will establish an order of ranking of a * S.R. 4001, Section 007 Saville Bridge over Buffalo minimum of three (3) firms. The following factors, listed Creek Saville Township in order of importance, will be considered by the Consult- ant Selection Committee during the evaluation of the The required services will include preparation of intent firms submitting letters of interest: to enter notices; field surveys; Categorical Exclusion Evaluation with emphasis on cultural resources and the a. Proposed methodology to accomplish the required potential for state and federal threatened and endangered services within the proposed schedule. species; public meetings; plotting of topography and cross b. Specialized experience and technical competence of sections; pavement and drainage design; submission of firm. utility verification and relocation engineering; field view;

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6380 NOTICES safety review meeting; Step 9 and value engineering; approximately thirteen (13) inspectors, under the Depart- hydraulic report including Wetland Identification and ment’s Inspector(s)-in-Charge for construction inspection Delineation report; type, size and location submissions; and documentation services on the following projects: structure plans; line and grade submissions; right-of-way 1. S.R. 0029, Section L02, Chester County This project plans; viewers plans; erosion and sedimentation control consists of traffic signal installation, widening and resur- plans and narratives; Environmental Assessment Form facing the intersections of S.R. 0029 with Phoenixville (4f) and the Application Checklist for Water Obstruction Pike and White Horse Road and installation of drainage and Encroachment Permit; development of the soil and in Charlestown Township. foundation engineering report; erosion and sedimentation control plans and narrative investigation of utility and 2. S.R. 0029, Section 50S, Chester County This project property involvement; development of maintenance and consists of replacement of the existing three (3) span protection of traffic plans and narratives; preparation of reinforced concrete bridge carrying State Road over construction plans; specifications and estimates, and con- Pickering Creek along with minor approach reconstruc- sultation services during construction. tion and widening on T.R. 29 from a point north of * The design of each project will be developed using Pickering Dam Road to a point south of Pot House Road metric units. in Charlestown Township. * Welcom’s Open Plan software will be used for project 3. S.R. 0030, Section M05, Chester and Delaware management and tracking. Counties This project consists of adding drainage, reconstruct drainage and reconstruct the entire highway of * A project specific Quality Development Plan will be U.S. 30 from Route 252 to Old Eagle Road in Tredyffrin, prepared for each project. Eastown and Radnor Townships. The Department is seeking a multi-disciplined team with environmental, geotechnical, highway design, and 4. S.R. 0322, Section 01L, Chester County This project structure design experience. consists of intersection improvement, widening, extending structure (culvert and arch bridge) and signals on Route The following factors, listed in order of importance, will 322 west of Copeland School Road and east of Highland be considered by the Department during the evaluation of Road in East Bradford Township. the firms submitting letters of interest: 5. S.R. 0926, Section S42, Chester County This project a. Specialized experience and technical competence consists of realigning and reprofiling Street Road to with replacement and rehabilitation of covered bridge improve the geometric alignment and sight distance. projects and their ability to provide innovative solutions Adding 4’ shoulders, bituminous curbing and drainage. to complex technical problems. Flattening side slopes to 1.5.1 or flatter. Performing b. Experience in environmental, highway design, struc- minor bridge rehabilitation to the structure over the ture design, geotechnical design, and hydrological/ hy- Pocopson Creek. draulic analysis and design. The Department will establish an order of ranking of a c. Past record with respect to cost control, work quality, minimum of three (3) firms for the purpose of negotiating and ability to meet schedules. an Engineering Agreement based on the Department’s d. The project team including subconsultants. evaluation of the acceptable letters of interest received in The goal for Disadvantaged Business Enterprise (DBE) response to this solicitation. The ranking will be estab- participation in this Agreement shall be fifteen (15%) lished directly from the letters of interest. Technical percent of the total contract price. Additional information proposals will not be requested prior to the establishment concerning DBE participation in this Agreement is con- of the ranking. tained in the General Requirements and Information The following factors, listed in order of importance, will section after the advertised project(s). be considered by the Department during the evaluation of This project reference assignment is considered com- the firms submitting letters of interest: plex. The letter of interest shall be limited to a maximum a. Review of inspectors’ resumes with emphasis on of five (5) pages, 8 1/2Љ x11Љ, one sided, plus an construction inspection capabilities. Department and Dis- organizational chart (up to 11Љ x17Љ size), and additional trict experience and supervisory experience. resumes, if applicable. (See the General Requirements and Information Section). b. Specialized experience in roadway and structure construction. The Letter of Interest submission shall be sent to: Mr. Barry G. Hoffman, P.E., District Engineer c. Number of NICET and NECEPT certified inspectors Engineering District 8-0 in each payroll classification. 2140 Herr Street d. Understanding of Department’s requirements, poli- Harrisburg, PA 17103 cies, and specifications. Attention: Mr. Divyang P. Pathak e. Ability to provide three (3) ‘‘CDS’’ operators or The Letter of Interest submission for this project persons capable of inputing data into a personal computer reference number must be received at the address listed (TCIS Classification). above by 4:30 P.M. prevailing time on the twentieth (20th) day following the date of this Notice. f. Past performance. Any technical questions concerning the requirements The qualifications and experience required of the firm’s for this project should be directed to: Mr. Divyang P. inspectors will be established by the Department, and the Pathak, District 8-0, at (717) 787-7883. qualifications of the firm’s proposed employees will be Chester and Delaware Counties reviewed and approved by the Department. Project Reference No. 08430AG2464 A minimum of four (4) individuals submitted as part of The Department will retain an engineering firm to your inspection staff must have a NECEPT Bituminious provide supplementary construction inspection staff of Field Technician Certification.

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It is anticipated that the supplementary construction c. Three (3) cellular phones on each of the S.R. 0030, inspection staff for this assignment will consist of the Section M05 and S.R. 0926, Section S42 projects. following number of inspectors who meet the require- The goal for Disadvantaged Business Enterprise (DBE) ments for the following inspection classifications: participation in this Agreement shall be fifteen percent No. of (15%) of the total contract price. Additional information Classification Inspectors concerning DBE participation in this Agreement is con- Transportation Construction Ins. Super. 7 (5) tained in the General Requirements and Information (TCIS) (NICET Highway Construction Section after the advertised project(s). Level 3 or equivalent) Letters of interest for this project must include a letter, Transportation Construction Inspector (TCI) 6 (4) signed by the individuals you propose for all TCIS (NICET Highway Construction Level 2 or positions, giving their approval to use their name in your equivalent) letter of interest for this specific project. The numbers in parenthesis above indicate the number The maximum number of resumes to be included in the of inspectors in each Classification that must meet at letter of interest shall be as follows: least one of the following requirements: Classification No. of Resumes 1. Be certified by the National Institute for Certifica- TCIS 8 tion in Engineering Technologies (NICET) in the field of TCI 7 Transportation Engineering Technology, subfield of High- way Construction, or subfield of Highway Materials, at No resumes are required for the TA Classification. the Level required for the Inspection Classification. This project reference assignment is considered non- 2. Be registered as a Professional Engineer by the complex. The letter of interest shall be limited to a Commonwealth of Pennsylvania with the required high- maximum of three (3) pages, 8 1/2Љ x11Љ, one sided, plus way experience specified for the Inspection Classification. an organizational chart (up to 11Љ x17Љ size), and additional resumes, if applicable. (See the General Re- 3. Be certified as an Engineer-in-Training by the Com- quirements and Information Section). monwealth of Pennsylvania with the required highway experience specified for the Inspection Classification. The Letter of Interest submission shall be sent to: 4. Hold a Bachelor of Science Degree in Civil Engineer- Mr. Andrew L. Warren, District Administrator ing or a Bachelor of Science Degree in Civil Engineering Engineering District 6-0 Technology with the required highway experience speci- 7000 Geerdes Blvd. fied for the Inspection Classification. King of Prussia, PA 19406-1525 5. Hold an Associate Degree in Civil Engineering Tech- The Letter of Interest submission for this project nology with the required highway experience specified for reference number must be received at the address listed the Inspection Classification. above by 4:30 P.M. prevailing time on the twentieth (20th) day following the date of this Notice. The maximum reimbursement per hour of inspection for each Department Payroll Classification for calendar Any technical questions concerning the requirements year of 2000: for this project should be directed to: Mr. Russ Swallow, District 6-0 at (610) 964-6686 or after December 17, 1999 Payroll Classification Maximum Straight Time at (610) 205-6677. Reimbursement Per Hour Of Inspection Chester County Project Reference No. 08430AG2465 (TCIS) $41.75 (TCI) $36.53 The Department will retain an engineering firm to provide supplementary construction inspection staff of The maximum reimbursement per hour of inspection approximately fourteen (14) inspectors, under the Depart- includes all costs for providing construction inspection ment’s Inspector(s)-in-Charge for construction inspection services at the project site during the normal work week. and documentation services on the following projects: Maximum reimbursement per hour of inspection for 1. S.R. 0030, Section PM1, Chester County This project subsequent calendar years, if applicable, will be estab- consists of reconstructing inside shoulders, placing con- lished at the scope of work meeting. crete median barrier, modifying drainage, concrete pave- The firm selected may be required to attend a pre- ment rehabilitation, resurfacing and bridge deck patching construction conference with the Department and the on T.R. 30 from Bell Tavern Road to west of T.R. 340 in E. construction contractor for this project. Under the super- Caln, Caln Townships and Downingtown Boro. vision and direction of the Department, the selected firm 2. S.R. 0030, Section S26, Chester County This project will be required to keep records and document the consists of the construction of an off-ramp from eastbound construction work; prepare current and final estimates for U.S. 30 to northbound T.R. 113 and installing a median payment to the construction contractor; assist the Depart- barrier from T.R. 113 to Creek Road at the intersection of ment in obtaining compliance with the labor standards, U.S. 30 Coatesville Downingtown Bypass and T.R. 113 safety and accident prevention, and equal opportunity (Uwchaln Avenue) in East Caln Township. provisions of the contract item; and perform other duties as may be required. 3. S.R. 0162, Section 51S, Chester County This project consists of bridge rehabilitation by milling existing bitu- The firm selected will be required to supply the follow- minous deck and replacing it with a reinforced concrete ing equipment at no direct cost to the Department: deck overlay, reshaping parapets, work on bridge ap- a. 35 MM camera (one per project) proach slabs and reconstruction of roadway approaches on T.R. 162 over west branch of Brandywine Creek in b. Safety vests-high visability for inspectors Newlin Township.

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4. S.R. 3077, Section 67S, Chester County This project 1. Be certified by the National Institute for Certifica- consists of replacing a two (2) lane bridge over Buck Run tion in Engineering Technologies (NICET) in the field of with no shoulders with a two (2) lane bridge with Transportation Engineering Technology, subfield of High- shoulders and realigning S.R. 3077 (Park Avenue) to way Construction, or subfield of Highway Materials, at improve horizontal curve in East Fallowfield and High- the Level required for the Inspection Classification. land Townships. 2. Be registered as a Professional Engineer by the 5. S.R. 4021, Section 39M, Chester County This project Commonwealth of Pennsylvania with the required high- consists of replacing box culvert and minor roadway way experience specified for the Inspection Classification. realignment on Springton Road over Indian Run Creek in Wallace Township. 3. Be certified as an Engineer-in-Training by the Com- monwealth of Pennsylvania with the required highway The Department will establish an order of ranking of a experience specified for the Inspection Classification. minimum of three (3) firms for the purpose of negotiating an Engineering Agreement based on the Department’s 4. Hold a Bachelor of Science Degree in Civil Engineer- evaluation of the acceptable letters of interest received in ing or a Bachelor of Science Degree in Civil Engineering response to this solicitation. The ranking will be estab- Technology with the required highway experience speci- lished directly from the letters of interest. Technical fied for the Inspection Classification. proposals will not be requested prior to the establishment 5. Hold an Associate Degree in Civil Engineering Tech- of the ranking. nology with the required highway experience specified for The following factors, listed in order of importance, will the Inspection Classification. be considered by the Department during the evaluation of The maximum reimbursement per hour of inspection the firms submitting letters of interest: for each Department Payroll Classification for calendar a. Review of inspectors’ resumes with emphasis on year of 2000: construction inspection capabilities. Department and Dis- Maximum Straight Time trict experience and supervisory experience. Reimbursement Per Hour b. Specialized experience in roadway and structure Payroll Classification Of Inspection construction. (TCIS) $41.75 (TCI) $36,53 c. Number of NICET and NECEPT certified inspectors (TA) $25.10 in each payroll classification. d. Understanding the Department’s requirements, poli- The maximum reimbursement per hour of inspection cies, and specifications. includes all costs for providing construction inspection services at the project site during the normal work week. e. Ability to provide three (3) ‘‘CDS’’ operators or persons capable of inputing data into a personal computer Maximum reimbursement per hour of inspection for (TCIS Classification). subsequent calendar years, if applicable, will be established at the scope of work meeting. f. Past performance. The firm selected may be required to attend a pre- The qualifications and experience required of the firm’s construction conference with the Department and the inspectors will be established by the Department, and the construction contractor for this project. Under the super- qualifications of the firm’s proposed employees will be vision and direction of the Department, the selected firm reviewed and approved by the Department. will be required to keep records and document the A minimum of two (2) individuals submitted as part of construction work; prepare current and final estimates for your inspection staff must have a NECEPT Bituminious payment to the construction contractor; assist the Depart- Field Technician Certification. ment in obtaining compliance with the labor standards, safety and accident prevention, and equal opportunity Since the contractor may be performing some construc- provisions of the contract item; and perform other duties tion operations during the night, the engineering firm as may be required. must be able to provide inspectors to meet this staffing need. The firm selected will be required to supply the following equipment at no direct cost to the Department: It is anticipated that the supplementary construction inspection staff for this assignment will consist of the a. 35 MM camera (one per project) following number of inspectors who meet the require- b. Safety vests-high visability for inspectors ments for the following inspection classifications: c. Three (3) cellular phones on S.R. 0030, Section PM1 No. of Classification Inspectors The goal for Disadvantaged Business Enterprise (DBE) participation in this Agreement shall be fifteen percent Transportation Construction Ins. Super. 7 (5) (15%) of the total contract price. Additional information (TCIS) (NICET Highway Construction concerning DBE participation in this Agreement is con- Level 3 or equivalent) tained in the General Requirements and Information Transportation Construction Inspector (TCI) 6 (4) Section after the advertised project(s). (NICET Highway Construction Level 2 or equivalent) Letters of interest for this project must include a letter, Technical Assistant (TA) (NICET Highway 1 (0) signed by the individuals you propose for all positions, Construction Level 1 or equivalent) giving their approval to use their name in your letter of interest for this specific project. The numbers in parenthesis above indicate the number of inspectors in each Classification that must meet at The maximum number of resumes to be included in the least one of the following requirements: letter of interest shall be as follows:

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Classification No. of Resumes 1. The Letter of Interest must include the project reference number, the firm’s legal name, and the firm’s TCIS 8 federal identification number. TCI 7 No resumes are required for the TA Classification. 2. Identify the project manager.

3. Identify subconsultants, if any, including DBE/WBE, This project reference assignment is considered non- complex. The letter of interest shall be limited to a if required. maximum of three (3) pages, 8 1/2‘‘ x11’’, one sided, plus 4. Identify key project staff. an organizational chart (up to 11‘‘ x17’’ size), and additional resumes, if applicable. (See the General Re- If a Joint Venture responds to a project advertisement, quirements and Information Section). the Department of Transportation will not accept sepa- The Letter of Interest submission shall be sent to: rate Letters of Interest from the Joint Venture constituents. A firm will not be permitted to submit a Letter of Mr. Andrew L. Warren, District Administrator Engineering District 6-0 Interest on more than one (1) Joint Venture for the same 7000 Geerdes Blvd. Project Reference Number. Also a firm that responds to a King of Prussia, PA 19406-1525 project as a prime may not be included as a designated subcontractor to another firm that responds as a prime to The Letter of Interest submission for this project the project. Multiple responses under any of the foregoing reference number must be received at the address listed situations will cause the rejection of all responses of the above by 4:30 P.M. prevailing time on the twentieth firm or firms involved. The above does not preclude a firm (20th) day following the date of this Notice. from being set forth as a designated subcontractor to Any technical questions concerning the requirements more than one (1) prime responding to the project for this project should be directed to: Mr. Russ Swallow, advertisement. District 6-0 at (610) 964-6686 or after December 17, 1999 at (610) 205-6677. If a goal for Disadvantaged Business Enterprise (DBE) participation is established for an advertised project, General Requirements and Information firms expressing interest in the project must agree to Firms interested in providing the above work and ensure that Disadvantaged Business Enterprise (DBE) services are invited to submit a Letter of Interest with firms as defined in the Transportation Equity Act for the the required information for each Project Reference Num- 21st century (TEA-21) and currently certified by the ber for which the applicant wishes to be considered. Department of Transportation shall have the opportunity The Letter of Interest and required information must to participate in any subcontracting or furnishing sup- be submitted to the person designated in the individual plies or services approved under Form 442, Section advertisement. 1.10(a). The TEA-21 requires that firms owned and controlled by women (WBEs) be included, as a presump- The Letter of Interest and required information must tive group, within the definition of Disadvantaged Busi- be received by the Deadline indicated in the individual ness Enterprise (DBE). The goal for DBE participation advertisement. shall be as stated in the individual project advertisement. All consultants, both prime consultants and subconsult- Responding firms shall make good faith efforts to meet ants, who desire to be included in a Letter of Interest the DBE goal using DBEs (as they are defined prior to must have an Annual Qualification Package on file with the act, WBEs or combinations thereof). the appropriate District Office, by the deadline stipulated in the individual advertisements. Proposing DBE firms must be certified at the time of submission of the Letter of Interest. If the selected firm For Statewide projects, all consultants, both prime fails to meet the established DBE participation goal, it consultants and subconsultants, who desire to be included shall be required to demonstrate its good faith efforts to in a Letter of Interest must have an Annual Qualification attain the goal. Package on file with the Central Office, Bureau of Design by the deadline stipulated in the individual advertise- Responses are encouraged by small firms, Disadvan- ments. taged Business Enterprise (DBE) firms, and other firms By submitting a letter of interest for the projects that who have not previously performed work for the Depart- request engineering services, the consulting firm is certi- ment of Transportation. fying that the firm is qualified to perform engineering The assignment of the agreement/contract for the above services in accordance with the laws of the Common- advertisement(s) will be made to one of the firms who wealth of Pennsylvania. A firm not conforming to this submitted an acceptable Letter of Interest in response to requirement may submit a letter of interest as a part of a the project advertisement. The assignment will be made joint venture with an individual, firm or corporation based on the Department’s evaluation of the firm’s quali- which is permitted under State law to engage in the fication and capabilities. The Department reserves the practice of engineering. right to reject all letters submitted, to cancel the solicita- Information concerning the Annual Qualification Pack- tions requested under this Notice, and/or to readvertise age can be found in Strike-off Letter No. 433-99-04 or solicitation for the work and services. under the Notice to all Consultants published in the BRADLEY L. MALLORY, February 27, 1999 issue of the Pennsylvania Bulletin. Secretary The requirements for Letters of Interest, in addition to [Pa.B. Doc. No. 99-2144. Filed for public inspection December 17, 1999, 9:00 a.m.] the requirements stipulated in the individual advertisement, are as follows:

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6384 NOTICES ENVIRONMENTAL Order On November 8, 1999, the Independent Regulatory HEARING BOARD Review Commission (Commission) received this regulation from the Liquor Control Board (LCB). This rule- Nazareth Borough Municipal Authority v. DEP; making amends 40 Pa. Code Chapters 3, 11 and 13. The EHB Doc. No. 99-240-K authority for this regulation is section 207(i) of the Liquor Code (47 P. S. § 2-207(i)). Notice of proposed rulemaking Nazareth Borough Municipal Authority has appealed was omitted for this regulation; it will become effective the issuance by the Department of Environmental Protec- upon publication in the Pennsylvania Bulletin. tion of an NPDES permit to same for a facility in Lower This regulation eliminates the registration and issu- Nazareth Township, Northampton County. A date for the ance of identification cards to vendors’ agents and per- hearing on the appeal has not yet been scheduled. mits hotels to offer an open bar with a meal package to their overnight guests on December 31, 1999. The appeal is filed with the Environmental Hearing Board at its office on the Second Floor, Rachel Carson The LCB estimates that approximately 330 State Office Building, 400 Market Street, P. O. Box 8457, promotional/sales agents licensed in Pennsylvania will Harrisburg, PA 17105-8457, and may be reviewed by any benefit from the regulation. Vendors will save an esti- interested party on request during normal business mated $21,450 in registration fees and additional costs hours. If information concerning this notice is required in associated with photograph and application requirements. an alternative form, please contact the Secretary to the The LCB will realize savings by not processing the Board at (717) 787-3483. TDD users may telephone the applications and issuing identifications. Hotels in the Board through the AT&T Pennsylvania Relay Center at Commonwealth will benefit by being able to compete with (800) 654-5984. hotels in neighboring states. Petitions to intervene in the appeal may be filed with This regulation meets the criteria of the Regulatory the Board by interested parties under 25 Pa. Code Review Act. § 1021.62. Copies of the Board’s rules of practice and Therefore, It Is Ordered That: procedure are available upon request from the Board. 1. Regulation No. 54-56 from the Pennsylvania Liquor GEORGE J. MILLER, Control Board, as submitted to the Commission on No- Chairperson vember 8, 1999, is approved; and [Pa.B. Doc. No. 99-2145. Filed for public inspection December 17, 1999, 9:00 a.m.] 2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Voting: John R. McGinley, Jr., Chairper- son; Alvin C. Bush, Vice Chairperson; Arthur Coc- INDEPENDENT codrilli; Robert J. Harbison, III; John F. Mizner REGULATORY REVIEW Public Meeting held December 2, 1999 COMMISSION Pennsylvania Securities Commission—National Securities Market Improvement Act of 1996 Amendments; Regula- Actions Taken by the Commission tion No. 50-113 The Independent Regulatory Review Commission met Order publicly at 10:30 a.m., Thursday, December 2, 1999, and On July 1, 1999, the Independent Regulatory Review took the following actions: Commission (Commission) received this proposed regulation from the Pennsylvania Securities Commission (PSC). Regulations Approved: This rulemaking amends 64 Pa. Code Chapters 202—205, Pennsylvania Liquor Control Board # 54-56: Vendor’s 207, 209, 211, 504, 513, 603, 606 and 609. The authority Registration and New Year’s Eve Meal Package (amends for this regulation is section 609(a) of the Pennsylvania 4055 Pa. Code Chapters 3, 11 and 13). Securities Act (70 P. S. § 1-609(a)). The proposed regulation was published in the July 24, 1999 Pennsylvania Pennsylvania Securities Commission # 50-113: National Bulletin with a 30-day public comment period. The final- Securities Market Improvement Act of 1996 Amendments form regulation was submitted to the Commission on (amends 64 Pa. Code Chapters 202—205, 207, 209, 211, November 4, 1999. 504, 513, 603, 606 and 609). This rulemaking amends various provisions of 12 chap- State Real Estate Commission # 16A-567: Disclosure ters of the PSC’s regulations. The changes are based on Summary (amends 49 Pa. Code §§ 35.201 and 35.336). the Federal National Securities Markets Improvement Act of 1996 and Pennsylvania Act 109 of 1998. Hence, the rulemaking implements statutory changes and updates Commissioners Voting: John R. McGinley, Jr., Chairper- existing regulations. son; Alvin C. Bush, Vice Chairperson; Arthur Coc- This regulation meets the criteria of the Regulatory codrilli; Robert J. Harbison, III; John F. Mizner Review Act. Public Meeting held Therefore, It Is Ordered That: December 2, 1999 1. Regulation No. 50-113 from the Pennsylvania Securi- Liquor Control Board—Vendor Registration and New ties Commission, as submitted to the Commission on Year’s Eve Meal Package; Regulation No. 54-56 November 4, 1999, is approved; and

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2. The Commission will transmit a copy of this Order Final-Form to the Legislative Reference Bureau. Submission Reg. No. Agency Issued Deadline 16A-499 State Board of Nursing 12/2/99 11/01/01 Commissioners Voting: John R. McGinley, Jr., Chairper- & State Board of son; Alvin C. Bush, Vice Chairperson; Arthur Coc- Medicine Joint codrilli; Robert J. Harbison, III; John F. Mizner Regulation Certified Registered Public Meeting held Nurse Practitioners December 2, 1999 Prescriptive State Real Estate Commission—Disclosure Summary; Authority Regulation No. 16A-567 (29 Pa.B. 5101 (October 2, 1999)) 16A-600 State Board of Vehicle 12/2/99 11/01/01 Order Manufacturers On August 9, 1999, the Independent Regulatory Review Dealers & Commission (Commission) received this proposed regula- Salespersons tion from the State Real Estate Commission (SREC). This Application Fees rulemaking amends 49 Pa. Code §§ 35.201 and 35.336. (29 Pa.B. 5105 (October 2, 1999)) The authority for this regulation is found in section 608 57-207 Pennsylvania Public 12/2/99 11/01/01 of the Real Estate Licensing and Registration Act (63 P. S. Utility Commission § 455.608). The proposed regulation was published in the Natural Gas Choice August 21, 1999 Pennsylvania Bulletin with a 30-day and Competition public comment period. The final-form regulation was (29 Pa.B. 5098 (October 2, 1999)) submitted to the Commission on November 3, 1999. State Board of Nursing & State Board of Medicine Act 112 requires SREC to adopt a disclosure notice Joint Regulation No. 16A-499 (notice) by regulation. Licensees must provide the notice Certified Registered Nurse Practitioners to consumers at the initial interview where a substantive Prescriptive Authority discussion about the consumer’s real estate needs occurs. The notice must disclose information about the agency December 2, 1999 relationships between the licensee and the consumer; the We have reviewed this joint proposed regulation from broker’s duties to the consumer; items which are nego- the State Board of Nursing and the State Board of tiable; the purpose of the Real Estate Recovery Fund; and Medicine (Boards) and submit for consideration the fol- the telephone number of SREC. lowing objections and recommendations. Subsection 5.1(h) This regulation meets the criteria of the Regulatory and (i) of the Regulatory Review Act (71 P. S. § 745.5a(h) Review Act. and (i)) specify the criteria the Commission must employ to determine whether a regulation is in the public Therefore, It Is Ordered That: interest. In applying these criteria, our Comments address issues that relate to protection of the public health, 1. Regulation No. 16A-567 from the State Real Estate safety and welfare, reasonableness, implementation pro- Commission, as submitted to the Commission on Novem- cedures and clarity. We recommend that these Comments ber 3, 1999, is approved; and be carefully considered as you prepare the final-form regulation. 2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau. 1. Sections 18.53 and 21.283 Prescribing and dis- JOHN R. MCGINLEY, Jr., pensing drugs.—Protection of the Public Health, Chairperson Safety and Welfare, Implementation Procedures and Clarity. [Pa.B. Doc. No. 99-2146. Filed for public inspection December 17, 1999, 9:00 a.m.] Collaborative Agreements Under existing regulations, a certified registered nurse practitioner (CRNP) works in collaboration with and under the direction of a physician. Collaborative agree- Notice of Comments Issued ments establish the conditions of the working relationship. Section 5(g) of the Regulatory Review Act (act) (71 P. S. We have three concerns. First, the term ‘‘collaborative § 745.5(g)) provides that the designated standing commit- agreement’’ as used in this regulation should be defined. tees may issue comments within 20 days of the close of Second, §§ 18.53 and 21.283 should specifically require a the public comment period, and the Independent Regula- collaborative agreement to be established and signed by tory Review Commission (Commission) may issue com- the physician and CRNP before the CRNP can prescribe ments within 10 days of the close of the committee and dispense drugs. Finally, the regulations should also comment period. The Commission comments are based specify the required content of a collaborative agreement. upon the criteria contained in section 5a(h) and (i) of the Subsection (1) act (75 P. S. § 745.5a(h) and (i)). Subsection (1) allows a CRNP to prescribe and dispense The Commission has issued comments on the following drugs if the CRNP has completed an equivalent CRNP proposed regulations. The agency must consider these program in another state. However, how equivalency will comments in preparing the final-form regulation. The be determined is not clear. The regulation should provide final-form regulations must be submitted by the dates the criteria or standards the Board will use to establish indicated. reciprocal equivalency.

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Subsection (2) Subsection (c) Subsection (2) requires a CRNP to complete an ad- This subsection states that a CRNP may prescribe and vanced pharmacology course. We have two concerns with dispense a drug from the following lists or categories if this requirement. that authorization is documented in the collaborative agreement. What documentation will be required to meet First, some CRNP programs have specific advanced this requirement? pharmacology courses while others integrate the course Subsection (e) material into the overall curriculum. It is unclear what qualifies as an advanced pharmacology course. This subsection sets forth the procedures to follow when a collaborating physician discovers that a CRNP is Second, how will practicing CRNPs meet this require- prescribing or dispensing a drug inappropriately. There ment if their formal education did not specifically include are two concerns with this subsection. an advanced pharmacology course? The Boards should specify the training required before a CRNP can prescribe First, why does the regulation use the word ‘‘learn’’ to and dispense drugs. describe a physician’s method of determining that a CRNP is prescribing or dispensing a drug inappropri- 2. Sections 18.54 and 21.284 Prescribing and dis- ately? What is required of a physician under a collabora- pensing parameters.—Protection of the Public tive agreement? Health, Safety and Welfare, Reasonableness, Consis- Second, when a collaborating physician finds that a tency with Existing Regulations and Clarity. CRNP has inappropriately prescribed a drug, this subsec- General tion directs the CRNP to stop prescribing the drug and immediately advise the patient to stop taking the drug. Physicians, hospitals and CRNPs have expressed con- This is the only course of action available under the cerns with the inclusion and exclusion of certain types of regulation. Is it appropriate in all instances for a patient drugs. The Preamble does not provide background infor- to immediately stop taking a drug? For example, some mation concerning how the Boards developed the lists of drug prescriptions come with warnings that abruptly drugs to be permitted, restricted or excluded. The en- stopping the therapy is dangerous and should only be abling statutes do not specify the types of drugs that done in consultation with a physician. Shouldn’t the CRNPs can prescribe. Instead, the statutes direct the regulation require corrective action on behalf of the Boards to jointly promulgate regulations authorizing patient rather than simply requiring the CRNP to end CRNPs to perform medical diagnosis and prescription. the therapy? For this reason, the Boards should explain the basis for restrictions and prohibitions of certain drugs in this Subsection (f) proposed regulation. The second sentence of paragraph (1) is confusing. When a CRNP writes a prescription for a Schedule II Subsection (a) controlled substance, the CRNP must notify the collabo- This subsection states that the American Hospital rating physician ‘‘immediately (within 24 hours).’’ The Formulary Service Pharmacologic-Therapeutic Classifica- subsection is unclear on whether the notice must be tion will be used to identify drugs that the CRNP may immediate or within 24 hours. prescribe and dispense. The statement seems to contra- Subsection (g) dict the subsections that follow. Subsection (g)(2) states that a CRNP may not prescribe Subsection (a) seems to incorporate by reference a a drug for a use not ‘‘permitted’’ by the United States document listing the drugs that a CRNP is allowed to Food and Drug Administration (FDA). The FDA does not prescribe and dispense. Yet, the following subsections prohibit or regulate the use of drugs once they are specifically list those drugs. It is our understanding that approved and released for general clinical practice. There- the purpose of this subsection is to provide a reference fore, the Boards intent in using the word ‘‘permitted’’ is document for the types of drugs discussed in this section. unclear. The Boards should explain the purpose of this If this is the case, the words ‘‘which the CRNP may paragraph. prescribe and dispense subject to the parameters identi- Subsection (h) fied’’ should be deleted. This subsection requires that the prescription blank Subsection (b) bear the name and certification number of the CRNP and also identify the collaborating physician. The House Pro- This subsection states that a CRNP may prescribe and fessional Licensure Committee expressed the concern that dispense a drug from the following categories ‘‘without a CRNP who prescribes medications should also provide a limitation.’’ What is the purpose of the phrase ‘‘without clear and conspicuous notice to patients that he or she is limitation’’? What impact will it have on collaborative a CRNP. The Boards should review what additional agreements? CRNP identification requirements are needed in the In existing regulations at 49 Pa. Code §§ 18.21 and regulation. 21.251, the Boards state that a CRNP: State Board of Vehicle Manufacturers, Dealers and Salespersons . . . performs acts of medical diagnosis or prescription Regulation No. 16A-600 of medical therapeutic or corrective measures in collaboration with and under the direction of a Application Fees physician licensed to practice medicine in this Com- December 2, 1999 monwealth. We have reviewed this proposed regulation from the Depending on how it is implemented, the phrase ‘‘with- State Board of Vehicle Manufacturers, Dealers and Sales- out limitation’’ could be seen as inconsistent with existing persons (Board) and submit for consideration the follow- regulations. The Boards should clarify their intent. ing objections and recommendations. Subsections 5.1(h)

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 NOTICES 6387 and (i) of the Regulatory Review Act (71 P. S. § 745.5a(h) Two, the fee report form for the ‘‘Business name or post and (i)) specify the criteria the Commission must employ office address change’’ fee includes the phrase ‘‘No Inspec- to determine whether a regulation is in the public tion Required.’’ The fee report form for ‘‘Business physical interest. In applying these criteria, our Comments ad- location change’’ includes the phrase ‘‘Inspection Re- dress issues that relate to fiscal impact and clarity. We quired.’’ The regulation doesn’t make it clear that one recommend that these Comments be carefully considered application requires an inspection, while the other does as you prepare the final-form regulation. not. For increased clarity, the Board should consider adding these two phrases to their respective fee titles. 1. General.—Clarity. Pennsylvania Public Utility Commission The Regulatory Analysis Form (RAF) doesn’t contain Regulation No. 57-207 the past 3-year expenditure history for programs affected by the regulation. This information is required in item Natural Gas Choice and Competition # 20b. The Board should include this information in the RAF accompanying the final-form regulation. December 2, 1999 2. Section 19.4. Fees.—Fiscal Impact and Clarity We have reviewed this proposed regulation from the Pennsylvania Public Utility Commission (PUC) and sub- Administrative overhead costs mit for your consideration the following objections and In the proposed regulation’s fee report forms, there are recommendations. Subsections 5.1(h) and (i) of the Regu- significant differences in the costs covered by different latory Review Act (71 P. S. § 745.5a(h) and (i)) specify the fees except for ‘‘Administrative Overhead’’ costs. According criteria the Commission must employ to determine to staff at the Department of State and its Bureau of whether a regulation is in the public interest. In applying Professional and Occupational Affairs (BPOA), the allo- these criteria, our Comments address issues that relate to cated share of overhead cost for each fee category is statutory authority, legislative intent, fiscal impact and calculated by dividing total overhead costs by the number clarity. We recommend that these Comments be carefully of active licensees. This methodology for overhead cost considered as you prepare the final-form regulation. allocation is not unreasonable and has been consistently 1. Section 53.69. Fixed rate option—Clarity. applied. On the other hand, the staff cost allocations are based on estimates of the actual time BPOA staff spends Applicable Revenue Threshold performing the tasks related to each fee. This proposed regulation is based on Section 1307(f) of For overhead cost allocations, there appears to be no the Natural Gas Choice Competition Act (Act). Section relationship to the services covered by the fees or fre- 1307(f) of the Act applies to distribution companies with quency of fee payments. Therefore, there is no indication annual operating revenues over $40 million. However, the that the fees will recover actual or projected overhead Regulatory Analysis Form indicates that distribution com- costs. In addition, the allocated costs are based on past panies with revenues in excess of $6 million must comply expenditures rather than estimates or projections of with this regulation. The PUC should explain this dis- future expenditures. Hence, there is no certainty that the crepancy and clarify the applicability of § 53.69 in the fees’‘‘projected revenues will meet or exceed projected final regulation. expenditures’’ under section 30(b) of the Board of Vehicles Act (63 P. S. § 818.30(b)). 2. Section 53.69 (a), (b) and (e)—Statutory Author- ity, Legislative Intent, Fiscal Impact, Clarity. We question the use of a constant overhead cost allocation that appears to be unrelated to the actual costs Subsection (a) of activities covered by different fees. Even though this This subsection allows a natural gas distribution com- process was used to determine other fees, why should pany to offer the fixed rate option for either the heating BPOA maintain this approach? The Board and BPOA season or another time period, as long as the time period should specifically identify the overhead costs, or portion does not exceed 12 months. It appears to be in direct of the total overhead, to be recouped by these fees, and conflict with the act. The following statutory provisions review their methodology for allocating these overhead illustrate that the Legislature did not contemplate allow- costs. Is it the Board’s goal to allocate all overhead costs ing a distribution company to offer the fixed rate option by category to each fee? If so, we do not believe the for a time period shorter than 12 months. current allocation formula gives the desired result. Section 1307(f)(1)(ii) of the act establishes ‘‘a fixed rate Differing overhead costs option which recovers natural gas costs over a 12-month The administrative overhead costs for all fees are period.’’ Additionally, Section 1307(f)(3) provides that ‘‘at $11.53, except for the certification of license history and the end of such 12-month period,’’ the distribution com- verification of license fees, which are $9.76. The Board pany shall file a statement with the PUC, indicating the should explain why these administrative costs are differ- difference between rates charged and the cost of natural ent. gas. Finally, Section 1307(f)(5) provides that the PUC shall determine the amount of refund to the consumer by ‘‘Business name or post office address change’’ and ‘‘Busi- the distribution company by evaluating actual natural ness physical location change’’ fees gas costs ‘‘in the previous 12-month period.’’ (Emphasis We have two concerns about these fees. One, the Board added.) increased the ‘‘Business name or post office address Therefore, we question the PUC’s statutory authority to change’’ fee by 100%, and the ‘‘Business physical location offer the fixed rate option for less than 12 months. change’’ fee by 200%. We understand that these fees haven’t changed since 1989, and that the Board utilized a If the PUC can demonstrate its statutory authority for recent performance audit when computing the new fees. a time period less than 12 months, it must clarify what it However, the Board should provide a more detailed means by ‘‘another time period.’’ The regulation should explanation of the fee increases for these services. include minimum and maximum time frames.

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Subsection (b) sion at (717) 783-5417. To obtain a copy of the regulation, interested parties should contact the agency promulgating This subsection requires a separate reconciliation of the the regulation. fixed rate option sales. We understand that separate reconciliation of these sales refers to a distinct calculation Final-Form within a single 1307(f) proceeding. The PUC should Reg. No. Agency/Title Received clarify this point in the final regulation. 16A-5310 State Board of Osteopathic 12/7/99 Subsection (c) Medicine How is the date determined for the time period that Application Fees ‘‘ends on the 1st day of the 12-month fixed rate option 59-06 Office of Attorney General 12/7/99 contract period?’’ Additionally, letter (E) of the Preamble Dog Purchaser Protection states: ‘‘The process of when and how customers may JOHN R. MCGINLEY, Jr., elect to sign up for participation in a fixed rate offering Chairperson needs to be established.’’ These two statements are confusing. [Pa.B. Doc. No. 99-2148. Filed for public inspection December 17, 1999, 9:00 a.m.] Does the time period, as well as the sign up period, begin on the first day of the 1307(f) filing period? If so, nothing in the regulation supports that statement. For clarity, the PUC should specify this time frame in the final regulation. INSURANCE DEPARTMENT In addition, letter (E) of the Preamble lists particular Allstate Insurance Company; Private Passenger items that would be included on a customer’s application form for the fixed rate option. These requirements should Automobile Insurance Program; Revised Rules, be included in a new proposed regulation with an oppor- Rates and Rating Plans tunity for public comment. On December 3, 1999, the Insurance Department (De- 3. Response to the PUC’s Request for Com- partment) received from Allstate Insurance Company a ments—Statutory Authority. filing for a rate level change for private passenger automobile insurance. Fixed rate option with no reconciliation The company requests an overall 1.6% decrease Section 1307(f)(1)(ii) of the Act requires the fixed rate amounting to -$9.3 million annually, to be effective April option be ‘‘subject to annual reconciliation’’ if the natural 15, 2000. gas distribution company adjusts its rates more often than quarterly. However, the PUC has requested com- Unless formal administrative action is taken prior to ments on allowing the fixed rate option with no reconcili- February 1, 2000, the subject filing may be deemed ation. Since the Act requires annual reconciliation of the approved by operation of law. fixed rate option, the PUC does not have the statutory Copies of the filing will be available for public inspec- authority to allow the fixed rate option without reconciliation, by appointment, during normal working hours at the tion. Department’s offices in Harrisburg, Philadelphia, Pitts- Fixed rate option for companies with annual operating burgh and Erie. revenues less than $40 million and greater than $6 All interested parties are invited to submit written million comments, suggestions or objections to Michael W. The PUC requested comments on the appropriate rec- Burkett, Pennsylvania Insurance Department, Office of onciliation period for the fixed rate option for natural gas Rate and Policy Regulation, Room 1311 Strawberry distribution companies with annual operating revenues Square, Harrisburg, PA 17120 (E-mail at less than $40 million and greater than $6 million. The [email protected]) within 15 days after publica- PUC specifically asked if these companies could apply tion of this notice in the Pennsylvania Bulletin. their current gas cost rate reconciliation period to the M. DIANE KOKEN, fixed rate option. Insurance Commissioner [Pa.B. Doc. No. 99-2149. Filed for public inspection December 17, 1999, 9:00 a.m.] Can the PUC allow companies with revenues less than $40 million to offer a fixed rate option? As noted above, Section 1307(f)(1)(ii) of the Act only applies to companies with annual operating revenues greater than $40 million. JOHN R. MCGINLEY, Jr., Chairperson Application and Request for Approval to Redomesticate [Pa.B. Doc. No. 99-2147. Filed for public inspection December 17, 1999, 9:00 a.m.] The Orthodox Society of America has filed an application for a plan of redomestication whereby the state of domicile would change from Pennsylvania to Ohio. The initial filing was made under the requirements set forth Notice of Filing of Final Rulemakings under 15 Pa.C.S. §§ 1101—1997 (relating to Business Corporation Law of 1988). Persons wishing to comment The Independent Regulatory Review Commission re- on the grounds of public or private interest to the ceived, on the dates indicated, the following regulations issuance of the Department’s order approving the for review. To obtain the date and time of the meeting, redomestication are invited to submit a written statement interested parties may contact the office of the Commis- to the Pennsylvania Insurance Department within 7 days

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 NOTICES 6389 from the date of this issue of the Pennsylvania Bulletin. Commonwealth of Pennsylvania and the Instructional Each written statement must include name, address and Tenured Unit (Scotland School for Veterans’ Children and telephone number of the interested party, identification of Scranton School for the Deaf) effective 8/16/99 through the application to which the statement is addressed, and 8/15/2003. a concise statement with sufficient detail and relevant facts to inform the Insurance Department of the exact Resolution #CB-99-287, Dated November 5, 1999. Au- basis of the statement. Written statements should be thorizes the Collective Bargaining Agreement between the directed to Robert Brackbill, Company Licensing Division, Commonwealth of Pennsylvania and the Instructional Pennsylvania Insurance Department, 1345 Strawberry Tenured Unit (Thaddeus Stevens State College) effective Square, Harrisburg, PA 17120, by fax to (717) 787-8557 or 8/16/99 through 8/15/2003. by E-mail to [email protected]. Resolution #CB-99-300, Dated November 16, 1999. Au- M. DIANE KOKEN, thorizes the provisions of the interest arbitration award Insurance Commissioner between the Commonwealth of Pennsylvania and the [Pa.B. Doc. No. 99-2150. Filed for public inspection December 17, 1999, 9:00 a.m.] AFSCME, Game Commission Act 111 bargaining unit for the years 1999 through 2002. Resolution #CB-99-305, Dated November 17, 1999. Au- thorizes three side letters between the Commonwealth of Pennsylvania and the Pennsylvania State Education As- Highmark Inc., d/b/a Highmark Blue Cross Blue sociation regarding conducting a job analysis for the Shield, d/b/a Pennsylvania Blue Shield; Filing appropriate pay for teachers, the impact of distance No. 99090000 learning on faculties, and lunchroom monitoring duties for faculty members at Scranton State School for the Highmark Inc., d/b/a Highmark Blue Cross Blue Shield, Deaf. d/b/a Pennsylvania Blue Shield submitted filing number 99090000 seeking authority to reduce the allowances for Governor’s Office therapuetic drugs and biologicals (excluding immuniza- Manual M310.2 Definitions of Major and Minor Objects tions) from 115% (AWP) to 100% of the average wholesale of Expenditures, Revision No. 1, Dated October 15, 1999. price (AWP). This request is applicable to all Blue Shield coverage where the drugs are a covered benefit. The filing Management Directive No. 305.9—Use of Forms STD- seeks approval to implement the change March 6, 2000. 419/419L, Refund of Expenditures, and STD-420/C420/ Copies of the filing will be available for public inspec- 420L, Transmittal of Revenue, When Unaccompanied by tion, by appointment, during normal working hours at the Remittances, Amended November 5, 1999. Insurance Department’s office in Harrisburg, Philadel- phia, Pittsburgh and Erie. Management Directive No. 505.20—Wage Complement Management and Control, Amended November 10, 1999. Interested parties are invited to submit written comments, suggestions or objections to Bharat Patel, Actuary, Administrative Circular No. 99-35—Placing of Decals Bureau of Accident and Health, Insurance Department, and Logos on Commonwealth Vehicles, Dated November 1311 Strawberry Square, Harrisburg, PA 17120, within 30 2, 1999. days after publication of this notice in the Pennsylvania Bulletin. Administrative Circular No. 99-36—Winterization of State Vehicles and Commonwealth Garage Parking and M. DIANE KOKEN, Hours of Operation, Dated November 2, 1999. Insurance Commissioner [Pa.B. Doc. No. 99-2151. Filed for public inspection December 17, 1999, 9:00 a.m.] Administrative Circular No. 99-37—Christmas Trees and Decorations, Dated November 8, 1999. GARY R. HOFFMAN, Director Pennsylvania Code and Bulletin LEGISLATIVE REFERENCE [Pa.B. Doc. No. 99-2152. Filed for public inspection December 17, 1999, 9:00 a.m.] BUREAU Documents Filed but Not Published

The Legislative Reference Bureau (Bureau) accepted PENNSYLVANIA PUBLIC the following documents during the preceding calendar month for filing without publication under 1 Pa. Code UTILITY COMMISSION § 3.13(b) (relating to contents of Bulletin). The Bureau will continue to publish on a monthly basis either a Investigation into the Year 2000 Compliance by summary table identifying the documents accepted during Public Utilities; Doc. I-00980076; Default Orders the preceding calendar month under this subsection or a Re: Complaints Filed by the Law Bureau statement that no such documents have been received. Prosecutory Staff For questions concerning or copies of documents filed, but not published, please call (717) 783-1530. On December 3, 1999, the Pennsylvania Public Utility Executive Board Commission entered default orders at the following dock- Resolution #CB-99-286, Dated November 5, 1999. Au- ets revoking the Certificates of Public Convenience for the thorizes the Collective Bargaining Agreement between the named telecommunications service resellers listed:

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Company A-Number C-Number Company A-Number C-Number AccuTel Communications Inc. 310587 134 WATS International Corp. 310214 142 Activetel Assoc Business Telephone 310251 175 World Telecom Group Inc 310140 164 Systems Advanced Telecom Network 310363 144 Each of the above-listed resellers must notify its cus- AIS Telecommunications Services 310218 89 tomers of the revocation of its certificate of public conve- American Automated Telecom Inc 310014 145 nience within 30 days of the date of publication of this American Telecommunications 310077 54 notice and must cease providing telecommunication ser- American Telecommunications Sys- 310507 95 vices to customers in this Commonwealth within 90 days tems of the date of publication of this notice. Amerishare Communication Inc. 310033 55 Questions regarding this notice should be directed to AmTel Communications 310239 120 Pennsylvania Public Utility Commission Assistant Coun- Applied Signal Technologies 310134 96 sel Patricia Krise Burket at (717) 787-3464. Coastal Automated Communication 310076 52 JAMES J. MCNULTY, Communications Buying Group Inc 310173 117 Secretary Compath Communications 310411 128 [Pa.B. Doc. No. 99-2153. Filed for public inspection December 17, 1999, 9:00 a.m.] Comptel Computer Corp. 310101 58 Conetco Corp 310315 86 Corporate Calling Services Inc. 310629 188 CPS Operator Services, Inc. 310094 53 Fiberline Network Communications 310102 59 LP Service of Notice of Motor Carrier Applications Fone America Inc. 310081 64 Future Telephone Communication 310330 100 The following temporary authority and/or permanent Great Lakes Telecom Corp 310199 171 authority application for the right to render service as a Hebron Communications Corp. 310468 140 common carrier or contract carrier in this Commonwealth Hi-Rim Communications Inc. 310292 123 has been filed with the Pennsylvania Public Utility Host Network Inc 310396 169 Commission. Publication of this notice shall be considered Hotel Communications 310208 185 as sufficient notice to all carriers holding authority from Hotelco 310048 62 this Commission. The application will be considered Integrated Teletechnologies 310229 88 without hearing in the absence of protests to the applica- International Tele Exchange Corp. 310023 135 tion. Protests to the application published herein are due International Telecommunications 310402 193 on or before January 10, 2000, as set forth in 52 Pa. Code Interstate Savings Inc. 310240 103 § 3.381 (relating to the applications for the transporta- LECNET Inc 310065 146 tion of property and persons). The protests shall also Lightcom International Inc. 310548 79 indicate whether it applies to the temporary authority Long Distance Direct Holdings 310427 129 application or the permanent application or both. North American Comm Control 310393 127 Application of the following for approval of the Northeast Payphones, Inc. 310015 197 beginning of the exercise of the right and privilege Ocom Corp. 310297 106 of operating as a common carrier for transporta- One to One Communications 310246 147 tion of persons as described under each application. PATel Inc 310241 165 Payline Systems Inc. 310096 66 A-00116420. Andrew Miller, t/d/b/a Miller’s Trans- Petracom Corp. 310178 108 portation Service (324 West Gay Street, West Chester, Preferred Telecom Inc. 310384 148 Chester County, PA 19380)—persons in paratransit ser- Princeton Telecom Corp 310049 76 vice, between points in the counties of Montgomery and Providian Group LLC 310466 162 Delaware, and the city and county of Philadelphia. Quarter Call 310276 122 JAMES J. MCNULTY, RD&J Communications Inc 310164 159 Secretary Satellink Paging LLC 310656 158 [Pa.B. Doc. No. 99-2154. Filed for public inspection December 17, 1999, 9:00 a.m.] Satlink 3000 Inc. 310439 157 Silverado Communications 310066 67 Sonic Communications Inc 310249 109 Telecomp Technologies Network 310070 69 TeleDebit LP 310128 149 The Nova Telecommunications 310556 133 Telecommunications Group Total Telecommunications Inc. 310192 150 A-310513F0002. GTE North Incorporated and Trans National Communications 310063 74 Sprint Spectrum L.P. Joint Petition of GTE North UMG Communications Group 310227 156 Incorporated and Sprint Spectrum L.P. for Approval of an United Telephone Technologies 310057 70 Interconnection Agreement. US Digital Network Ltd Partner- 310193 118 GTE North Incorporated and Sprint Spectrum L.P., by ship its counsel, filed on December 3, 1999, at the Pennsylva- USA Tele Corp 310576 155 nia Public Utility Commission (Commission), a Joint UStel Inc 310360 84 Petition for approval of an Interconnection Agreement VIP Telephone Network 310274 152 under sections 251 and 252 of the Telecommunications Vista Group International 310327 124 Act of 1996. VNI Communications Inc 310041 72 Voice Telephone CO 310382 83 Interested parties may file comments concerning the petition and agreement with the Secretary, Pennsylvania

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Public Utility Commission, P. O. Box 3265, Harrisburg, low altitude photography for high accuracy aerial surveys PA 17105-3265. All comments are due on or before 10 for highway design and LIDAR mapping. days after the date of publication of this notice. Copies of the GTE North Incorporated and Sprint Spectrum L.P. b. Past record of performance with respect to cost Joint Petition are on file with the Commission and are control, work quality, ability to meet schedules and available for public inspection. previous experience on similar projects. The consultant should identify similar projects that have been completed Contact person is Cheryl Walker Davis, Director, Office by that firm as the prime, the magnitude of the project, of Special Assistants, (717) 787-1827. and the client. JAMES J. MCNULTY, Secretary c. The specific experience and number of individuals who constitute the firm. Firms should have sufficient [Pa.B. Doc. No. 99-2155. Filed for public inspection December 17, 1999, 9:00 a.m.] qualified permanent full-time personnel to complete mapping work assignments with short delivery schedules utilizing current state-of-the-art photogrammetric instruments, equipment and software. d. Location of consultant’s office where the work will be TURNPIKE COMMISSION performed. Retention of an Aerial Photogrammetric Mapping e. Workload of the prime consultant and subconsult- Firm for an Open End Contract ants for all Department of Transportation and Turnpike Commission projects. Systemwide f. Other factors, if any, specific to the project. Reference No. 3-123 Address these items and any necessary further details The Turnpike Commission (Commission) will retain one in a brief yet comprehensive manner in the letter of aerial photogrammetric mapping firm for an Open End interest. Contract to provide analytical aerial triangulation, digital Direct inquiries to Thomas E. Farcht, Jr., PLS at (717) and conventional map compilation, cross section readout 939-9551, Ext. 5761; or by e-mail at tfarcht@paturnpike. and conventional map drafting services. The work to be com. performed on each specific project may include any or all of the above phases of work on various projects located General Requirements and Information throughout the entire length of the Turnpike System. The Commission will provide mapping control. The contract Firms interested in providing the above work and will be for a maximum cost of $750,000, or for a period of services are invited to submit a Letter of Interest with 3 years, whichever occurs first. the required information. The Letters of Interest must include the following: The photogrammetric mapping work must be performed in accordance with the requirements of applicable sec- One page transmittal letter clearly identifying the tions of the ‘‘Specifications For Aerial Photography, Field project reference number, brief description of the project Control Surveys, and Topographic Mapping’’ contained in from the advertisement, the firm’s Federal identification Form 442, Department of Transportation, Bureau of number, the firm’s legal name, contact person or project Design Specifications For Consultant Engineering Agree- manager, address of corporate office and project office. (If ments and/or the ‘‘Surveying And Mapping Manual,’’ the firm has multiple offices, the location of the office Publication 122M, Department of Transportation, Bureau performing the work must be identified) of Design as directed by the Commission. The services Three page expression of interest in the advertised will encompass a wide range of design related mapping project. Each firm should demonstrate their ability to efforts with the possibility of several different types of perform the specific requirements indicated for this projects being mapped under short completion schedules. project and provide explanation that the firm has success- The firm may be required to: provide digital data in fully completed similar type projects of the same magni- AutoCAD, DXF, ARC/INFO and Microstation formats; tude. provide topographic mapping, GIS data, digital orthophoto mapping; provide low altitude photography for An organization chart for the Project, identifying key high accuracy aerial surveys; provide DTM and DEM personnel and any subconsultants and their roles. Any collection; and Light Detection and Ranging (LIDAR) deviation from the subconsultant’s listed in the letter of mapping. interest will require written approval from the Commis- sion. The firm will provide analytically determined supplemental mapping control points meeting Commission Tabulation of workload for the prime consultant and all specifications and a captured points file of existing road- subconsultants for all Department of Transportation and way centerline in ASCII format. Map compilation may be Turnpike Commission projects. in digital format with drafting by automated processes. A copy of the Annual Qualification Package submitted Translation capability to other CADD systems will be to the Department of Transportation for the current year required. that is in the same District as this project or one that is The following factors will be considered by the Commis- best suited for this project. sion during the evaluation of the firms submitting Letters The Annual Qualification Package should contain at a of Interest for this project: minimum, the following information for the prime con- a. Specialized experience and technical competence of sultant and all subconsultants which should be attached prime consultant and subconsultants. Firms should have to the back of the letter of interest (subs to follow prior experience in large-scale photogrammetric mapping, primes):

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Standard Form (SF) 254—Architect-Engineer and Re- terchange rehabilitation inspection experience to provide lated Services Questionnaire in is entirety, not more than a staff of approximately four field inspection personnel for 1 year old as of the date of the advertisement. the complete construction inspection, management, administration and documentation for the Gettysburg Pike Resumes of key personnel expected to be involved in Interchange, in Cumberland County. Construction will the project. (limit to one 8 1/2 x 11 page, one side, per include the modification and expansion of the Gettysburg person). Only resumes of key personnel should be in- Pike Interchange. The total cost of this construction cluded. contract is $8,000,000. The Construction Management Copy of the firm’s registration to do business in the Agreement is anticipated to start in October of 2000, and Commonwealth as provided by the Department of State terminate in February of 2002. for firms with out-of-State headquarters or corporations The selected firm will be required to provide a full time not incorporated in Pennsylvania. onsite construction inspection staff, with sufficient office A copy of the Department’s DBE/WBE Certification, if personnel, managers, engineers, technicians and clerical applicable. staff to support the field functions, and also be capable of incorporating and utilizing Commission inspectors if the If a Joint Venture responds to a project advertisement, Commission, at its discretion, chooses to assign one or the Commission will not accept separate letters of inter- more Commission inspectors to this Project. The selected est from joint venture constituents. A firm will not be firm will also be required to perform constructability permitted to submit a letter of interest on more than one reviews of the project documents, attend the prebid joint venture for the same project reference number. Also, meeting and preconstruction conference, write all project a firm that responds to a project as a prime may not be correspondence, and review and approve contractor’s sub- included as a designated subconsultant to another firm missions. In addition, the selected firm will be required to that responds to the same project advertisement. This keep records utilizing the Turnpike’s Construction Docu- does not preclude a firm from being set forth as a mentation System (CDS) to document the construction designated subconsultant to more than one prime consult- work, prepare current and final estimates for payment to ant responding to the project advertisement. the construction contractor, prepare change orders, con- Firms interested in performing the above services are duct monthly job conferences, monitor the monthly invited to submit a letter of interest and required infor- progress, provide liaison with affected utilities and com- mation to Barry L. Troup, P.E., Assistant Chief Engineer munities, conduct semifinal and final inspections, deter- for Design, at the Turnpike Commission Administration mine the final quantities of each contract item, and Building located at 176 Kost Road, Carlisle, PA 17013- perform other duties as may be required. 9779 (parcel delivery address) (Mailing Address: P. O. Box Eighty percent (80%) of the inspection staff assigned to 67676, Harrisburg, PA 17106-7676). this Commission constructed project must meet the fol- The letter of interest and required information must be lowing Requirements: received by 12 p.m. (noon), Friday, January 7, 2000. Any 1. Be certified by the National Institute for Certifica- letters of interest received after this date and time will be tion in Engineering Technologies, (NICET) as a Transpor- time-stamped and returned. tation Engineering Technician—Construction Level 2 or higher. Based on an evaluation of acceptable letters of interest received in response to this solicitation, one firm will be 2. Be registered as a professional engineer by the selected for this project. The order of preference will be Commonwealth of Pennsylvania with 1 year highway established for the purpose of negotiating an agreement inspection experience acceptable to the Commission. with the highest ranked firm established by the Technical 3. Be certified as an Engineer-in-Training by the Com- Review Committee and approved by the Selection Com- monwealth of Pennsylvania with 2 years of highway mittee. Technical Proposals or Requests for Proposals will inspection experience acceptable to the Commission. not be requested prior to selection. 4. Hold a Bachelor of Science Degree in Civil Engineer- The Commission reserves the right to reject all letters ing or Civil Engineering Technology with 2 years of of interest, to cancel solicitation requested under this highway inspection experience acceptable to the Commis- notice, and/or to re-advertise solicitation for the work and sion. services. 5. Hold an Associate Degree in Civil Engineering Tech- JAMES F. MALONE, III, nology with 3 years of highway inspection experience Chairperson acceptable to the Commission. [Pa.B. Doc. No. 99-2156. Filed for public inspection December 17, 1999, 9:00 a.m.] The remaining 20% assigned to this project shall meet the following education and experience requirements: Education—Graduation from High School or equivalent certification or formal training. Completion of a training program in construction inspection approved by the Com- Retention of an Engineering or Construction Man- mission may be substituted for High School graduation. agement Firm Experience—One year of experience in construction inspection or workmanship which requires reading and Construction Management and Inspection Services interpreting construction plans and specifications, or 1 Gettysburg Pike Interchange Reconstruction year of experience in a variety of assignments involving and Expansion the testing of materials used in highway or similar Cumberland County, PA construction projects. A 2 to 4 year engineering college degree may be substituted for 1 year of experience. Reference No. 3-121 The following factors will be considered by the Commis- The Turnpike Commission (Commission) will retain an sion during the evaluation of the firms submitting Letters Engineering or Construction Management firm with in- of Interest for this project:

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a. Specialized experience and technical competence of Eighty percent of the inspection staff assigned to this prime consultant and subconsultants. The Team must Commission constructed project must meet the following clearly demonstrate an ability to analyze available data Requirements: to make decisions, completing the project in a timely and cost effective manner. 1. Be certified by the National Institute for Certifica- tion in Engineering Technologies, (NICET) as a Transpor- b. Past record of performance with respect to cost tation Engineering Technician—Construction Level 2 or control, work quality, ability to meet schedules and higher. previous experience on similar projects. The consultant 2. Be registered as a professional engineer by the should identify similar projects that have been completed Commonwealth of Pennsylvania with 1 year highway by that firm as the prime, the magnitude of the project, inspection experience acceptable to the Commission. and the client. 3. Be certified as an Engineer-in-Training by the Com- c. The specific experience and number of individuals monwealth of Pennsylvania with 2 years of highway who constitute the firm. inspection experience acceptable to the Commission. d. Location of consultant’s office where the work will be 4. Hold a Bachelor of Science Degree in Civil Engineer- performed. ing or Civil Engineering Technology with 2 years of e. Workload of the prime consultant and subconsult- highway inspection experience acceptable to the Commis- ants for all Department of Transportation and Turnpike sion. Commission projects. 5. Hold an Associate Degree in Civil Engineering Tech- f. Other factors, if any, specific to the project. nology with 3 years of highway inspection experience acceptable to the Commission. Address these items and any necessary further details in a brief yet comprehensive manner in the letter of The remaining 20% assigned to this project shall meet interest. the following education and experience requirements: Questions and inquiries concerning this Project should Education—Graduation from High School or equivalent be directed to Matthew J. Wagner, P.E., at (717) 939-9551, certification or formal training. Completion of a training Ext. 5210, or by email at [email protected]. program in construction inspection approved by the Com- mission may be substituted for High School graduation. Construction Management and Inspection Services Delaware River Bridge Redecking Project—Phase 3, Experience—One year of experience in construction Girder Spans inspection or workmanship which requires reading and Bucks County, PA/Burlington County, NJ interpreting construction plans and specifications, or 1 year of experience in a variety of assignments involving Reference No. 4-053 the testing of materials used in highway or similar construction projects. A 2 to 4 year engineering college The Turnpike Commission (Commission) will retain an degree may be substituted for 1 year of experience. Engineering or Construction Management firm with bridge redecking and rehabilitation inspection experience The following factors will be considered by the Commis- to provide a staff of approximately four field inspection sion during the evaluation of the firms submitting Letters personnel for the complete construction inspection, man- of Interest for this project: agement, administration and documentation for phase 3 of the Delaware River bridge redecking project in Bucks a. Specialized experience and technical competence of County, PA. Construction will include redecking of the prime consultant and subconsultants. The Team must Girder Spans on the Pennsylvania side of the structure. clearly demonstrate an ability to analyze available data The estimated cost of this construction contract is to make decisions, completing the project in a timely and $8,300,000. The Construction Management Agreement is cost effective manner. anticipated to start in May of 2001, and terminate in b. Past record of performance with respect to cost December of 2002. control, work quality, ability to meet schedules and The selected firm will be required to provide a full time previous experience on similar projects. The consultant onsite construction inspection staff, with sufficient office should identify similar projects that have been completed personnel, managers, engineers, technicians and clerical by that firm as the prime, the magnitude of the project, staff to support the field functions, and also be capable of and the client. incorporating and utilizing Commission inspectors if the c. The specific experience and number of individuals Commission, at its discretion, chooses to assign one or who constitute the firm. more Commission inspectors to this Project. The selected firm will also be required to perform constructability d. Location of consultant’s office where the work will be reviews of the project documents, attend the prebid performed. meeting and preconstruction conference, write all project e. Workload of the prime consultant and subconsult- correspondence, and review and approve contractor’s sub- ants for all Department of Transportation and Turnpike missions. In addition, the selected firm will be required to Commission projects. keep records utilizing the Turnpike’s Construction Docu- mentation System (CDS) to document the construction f. Other factors, if any, specific to the project. work, prepare current and final estimates for payment to Address these items and any necessary further details the construction contractor, prepare change orders, con- in a brief yet comprehensive manner in the letter of duct monthly job conferences, monitor the monthly interest. progress, provide liaison with affected utilities and com- munities, conduct semifinal and final inspections, deter- Questions and inquiries concerning this Project should mine the final quantities of each contract item, and be directed to Matthew J. Wagner, P.E., at (717) 939-9551, perform other duties as may be required. Ext. 5210, or by email at [email protected].

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General Requirements and Information PA 17013-9779 (parcel delivery address) (Mailing Address: Firms interested in providing the above work and P. O. Box 67676, Harrisburg, PA 17106-7676). services are invited to submit a Letter of Interest with The letter of interest and required information must be the required information. The Letters of Interest must received by 12 p.m. (noon), Friday, January 7, 2000. Any include the following: letters of interest received after this date and time will be 1. One page transmittal letter clearly identifying the time-stamped and returned. project reference number, brief description of the project Based on an evaluation of acceptable letters of interest from the advertisement, the firm’s Federal identification received in response to this solicitation, one firm will be number, the firm’s legal name, contact person or project selected for each project. The order of preference will be manager, address of corporate office and project office. (If established for the purpose of negotiating an agreement the firm has multiple offices, the location of the office with the highest ranked firm established by the Technical performing the work must be identified) Review Committee and approved by the Selection Com- 2. Three page expression of interest in the advertised mittee. Technical Proposals or Requests for Proposals will project. Each firm should demonstrate their ability to not be requested prior to selection. perform the specific requirements indicated for this project and provide explanation that the firm has success- The Commission reserves the right to reject all letters fully completed similar type projects of the same magni- of interest, to cancel solicitation requested under this tude. notice, and/or to re-advertise solicitation for the work and services. 3. An organization chart for the Project, identifying key JAMES F. MALONE, III, personnel and any subconsultants and their roles. Any Chairperson deviation from the subconsultant’s listed in the letter of interest will require written approval from the Commis- [Pa.B. Doc. No. 99-2157. Filed for public inspection December 17, 1999, 9:00 a.m.] sion. 4. Tabulation of workload for the prime consultant and all subconsultants for all Department of Transportation and Turnpike Commission projects. Retention of Two Surveying Firms 5. A copy of the Annual Qualification Package submitted to the Department of Transportation for the current year that is in the same District as the project or one that Open End Contracts to is best suited for the project. Provide Surveying Services The Annual Qualification Package should contain at a Reference No. 3-124 minimum, the following information for the prime consultant and all subconsultants which should be attached The Turnpike Commission (Commission) will retain two to the back of the letter of interest (subs to follow engineering/surveying firms for Open End Contracts to primes): provide surveying services. One Contract will be for surveying services throughout the Eastern portion of the • Standard Form (SF) 254—Architect-Engineer and Re- Turnpike System, generally Districts 3, 4 and 5 and one lated Services Questionnaire in its entirety, not more Contract will be for surveying services throughout the than 1 year old as of the date of the advertisement. Western portion, generally Districts 1 and 2 of the • Resumes of key personnel expected to be involved in Turnpike System. These surveying services may include: the project. (limit to one 8 1/2 x 11 page, one side, per baseline stakeout, level runs, metes and bounds surveys, person). Only resumes of key personnel should be in- Right-of-Way surveys, topographic surveys, cross-section cluded. surveys, wetland location surveys, GPS surveys, aerial photogrammetry control surveys and construction sur- • Copy of the firm’s registration to do business in the veys. The work to be performed on each specific project Commonwealth as provided by the Department of State may include any or all of the above phases of work on for firms with out-of-State headquarters or corporations various projects located throughout the Eastern or West- not incorporated in Pennsylvania. ern portions of the Turnpike System. Each contract will • A copy of the Department’s DBE/WBE Certification, if be for a maximum cost of $500,000, or for a period of 2 applicable. years, whichever occurs first. Please specify interest in the western contract, eastern contract, or both. If a Joint Venture responds to a project advertisement, the Commission will not accept separate letters of inter- The surveying work must be performed in accordance est from joint venture constituents. A firm will not be with the requirements of applicable sections of the ‘‘Sur- permitted to submit a letter of interest on more than one veying And Mapping Manual,’’ Publication 122M, Depart- joint venture for the same project reference number. Also, ment of Transportation, Bureau of Design and/or the a firm that responds to a project as a prime may not be ‘‘Specifications For Aerial Photography, Field Control Sur- included as a designated subconsultant to another firm veys, and Topographic Mapping’’ contained in Form 442, that responds to the same project advertisement. This Department of Transportation, Bureau of Design Specifi- does not preclude a firm from being set forth as a cations For Consultant Engineering Agreements as di- designated subconsultant to more than one prime consult- rected by the Commission. The services will encompass a ant responding to the project advertisement. wide range of design related surveying efforts with the possibility of several different types of survey projects Firms interested in performing the above services are under short simultaneous completion schedules. invited to submit a letter of interest and required information to Michael W. Flack, P.E., Assistant Chief Engi- The firm may be required to provide topographic sur- neer for Construction, at the Turnpike Commission Ad- veys; GIS data, aerial photogrammetry control surveys, ministration Building located at 176 Kost Road, Carlisle, survey worksheets, and GPS survey data in AutoCAD,

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DXF, ARC/INFO and Microstation formats. Translation A copy of the Annual Qualification Package submitted capability to other CADD systems may be required. to the Department of Transportation for the current year The following factors will be considered by the Commis- that is in the same District as this project or one that is sion during the evaluation of the firms submitting Letters best suited for this project. of Interest for this project: The Annual Qualification Package should contain at a a. Specialized experience and technical competence of minimum, the following information for the prime con- prime consultant and subconsultants. Firms should have sultant and all subconsultants which should be attached prior experience in large-scale GPS control surveys for to the back of the letter of interest (subs to follow highway design. primes): • b. Past record of performance with respect to cost Standard Form (SF) 254—Architect-Engineer and Re- control, work quality, ability to meet schedules and lated Services Questionnaire in its entirety, not more previous experience on similar projects. The consultant than 1 year old as of the date of the advertisement. should identify similar projects that have been completed • Resumes of key personnel expected to be involved in by that firm as the prime, the magnitude of the project, the project. (limit to one 8 1/2 x 11 page, one side, per and the client. person). Only resumes of key personnel should be in- c. The specific experience and number of individuals cluded. who constitute the firm. Firms should have sufficient • Copy of the firm’s registration to do business in the qualified permanent full-time personnel to complete sur- Commonwealth as provided by the Department of State vey assignments with short delivery schedules utilizing for firms with out-of-State headquarters or corporations current state-of-the-art surveying instruments, equipment not incorporated in Pennsylvania. and software under the direct supervision of a PA regis- • tered Professional Land Surveyor. A copy of the Department’s DBE/WBE Certification, if applicable. d. Location of consultant’s office where the work will be performed. If a Joint Venture responds to a project advertisement, the Commission will not accept separate letters of inter- e. Workload of the prime consultant and subconsult- est from joint venture constituents. A firm will not be ants for all Department of Transportation and Turnpike permitted to submit a letter of interest on more than one Commission projects. joint venture for the same project reference number. Also, f. Other factors, if any, specific to the project. a firm that responds to a project as a prime may not be included as a designated subconsultant to another firm Address these items and any necessary further details that responds to the same project advertisement. This in a brief yet comprehensive manner in the letter of does not preclude a firm from being set forth as a interest. designated subconsultant to more than one prime consult- Direct inquiries to Thomas E. Farcht, Jr., PLS at (717) ant responding to the project advertisement. 939-9551, Ext. 5761; or by e-mail at tfarcht@paturnpike. com. Firms interested in performing the above services are invited to submit a letter of interest and required infor- General Requirements and Information mation to Barry L. Troup, P.E., Assistant Chief Engineer Firms interested in providing the above work and for Design, at the Turnpike Commission Administration services are invited to submit a Letter of Interest with Building located at 176 Kost Road, Carlisle, PA 17013- the required information. The Letters of Interest must 9779 (parcel delivery address) (Mailing Address: P. O. Box include the following: 67676, Harrisburg, PA 17106-7676). 1. One page transmittal letter clearly identifying the The letter of interest and required information must be project reference number, brief description of the project received by 12 p.m. (noon), Friday, January 7, 2000. Any from the advertisement, the firm’s Federal identification letters of interest received after this date and time will be number, the firm’s legal name, contact person or project time-stamped and returned. manager, address of corporate office and project office. (If Based on an evaluation of acceptable letters of interest the firm has multiple offices, the location of the office received in response to this solicitation, one firm will be performing the work must be identified) selected for each contract. The order of preference will be 2. Three page expression of interest in the advertised established for the purpose of negotiating an agreement project. Each firm should demonstrate their ability to with the highest ranked firm established by the Technical perform the specific requirements indicated for this Review Committee and approved by the Selection Com- project and provide explanation that the firm has success- mittee. Technical Proposals or Requests for Proposals will fully completed similar type projects of the same magni- not be requested prior to selection. tude. The Commission reserves the right to reject all letters 3. An organization chart for the Project, identifying key of interest, to cancel solicitation requested under this personnel and any subconsultants and their roles. Any notice, and/or to re-advertise solicitation for the work and deviation from the subconsultant’s listed in the letter of services. interest will require written approval from the Commis- JAMES F. MALONE, III, sion. Chairperson 4. Tabulation of workload for the prime consultant and [Pa.B. Doc. No. 99-2158. Filed for public inspection December 17, 1999, 9:00 a.m.] all subconsultants for all Department of Transportation and Turnpike Commission projects.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6396 STATE CONTRACTS INFORMATION DEPARTMENT OF GENERAL SERVICES Notices of invitations for bids and requests for proposals on State contracts for services and commodities for which the bid amount is reasonably expected to be over $10,000, are published in the State Contracts Information Section of the Pennsylvania Bulletin prior to bid opening date. Information in this publication is intended only as notification to its subscribers of available bidding and contracting opportunities, and is furnished through the Department of General Services, Vendor Information and Support Division. No action can be taken by any subscriber or any other person, and the Commonwealth of Pennsylvania is not liable to any subscriber or any other person, for any damages or any other costs incurred in connection with the utilization of, or any other reliance upon, any information in the State Contracts Information Section of the Pennsylvania Bulletin. Interested persons are encouraged to call the contact telephone number listed for the particular solicitation for current, more detailed information. EFFECTIVE JULY 1, 1985, A VENDOR’S FEDERAL IDENTIFICATION NUMBER (NUMBER ASSIGNED WHEN FILING INCOME TAX DOCUMENTS) OR SOCIAL SECURITY NUMBER IF VENDOR IS AN INDIVIDUAL, MUST BE ON ALL CONTRACTS, DOCUMENTS AND INVOICES SUBMITTED TO THE COMMONWEALTH.

Act 266 of 1982 provides for the payment of interest penalties on certain invoices of ‘‘qualified small business concerns’’. The penalties apply to invoices for goods or services when payments are not made by the required payment date or within a 15 day grace period thereafter. Act 1984-196 redefined a ‘‘qualified small business concern’’ as any independently owned and operated, for-profit business concern employing 100 or fewer employees. See 4 Pa. Code § 2.32. The business must include the following statement on every invoice submitted to the Commonwealth: ‘‘(name of business) is a qualified small business concern as defined in 4 Pa. Code 2.32.’’ A business is eligible for payments when the required payment is the latest of: The payment date specified in the contract. 30 days after the later of the receipt of a proper invoice or receipt of goods or services. The net payment date stated on the business’ invoice. A 15-day grace period after the required payment date is provided to the Commonwealth by the Act. For more information: contact: Small Business Resource Center PA Department of Community and Economic Development 374 Forum Building Harrisburg, PA 17120 800-280-3801 or (717) 783-5700

Reader’s Guide REQUIRED DATA DESCRIPTIONS ࠗ1 Service Code Identification Number: There are currently 39 state service Legal Services & Consultation—26 and contractural codes. See description of legend. ࠗ2 Commodity/Supply or Contract Iden- tification No.: When given, number should be referenced when inquiring of contract of Purchase Requisition. ࠗ1 Service Code Identification Number If more than one number is given, each number represents an addi- ࠗ2 Commodity/Supply or tional contract. Contract Identification No. ࠗ3 Contract Information: Additional information for bid preparation may be B-54137. Consultant to provide three 2-day training sessions, covering obtained through the departmental the principles, concepts, and techniques of performance appraisal and contracting official. standard setting with emphasis on performance and accountability, with a knowledge of State Government constraints. ࠗ4 Department: State Department or Department: General Services Agency initiating request for adver- ࠗ3 Contract tisement. Location: Harrisburg, Pa. Information Duration: 12/1/93-12/30/93 ࠗ5 Location: Area where contract perfor- Contact: Procurement Division mance will be executed. ࠗ4 Department 787-0000 ࠗ6 Duration: Time estimate for performance and/or execution of contract. ࠗ7 ࠗ5 Location ࠗ7 Contact: (For services) State Depart- (For Commodities: Contact:) ment or Agency where vendor inquiries are to be made. Vendor Services Section ࠗ6 Duration 717-787-2199 or 717-787-4705 (For commodities) Vendor Services Section (717) 787-2199 or (717) 787-4705

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GET A STEP AHEAD IN COMPETING FOR A STATE CONTRACT! The Treasury Department’s Bureau of Contracts and Public Records can help you do business with state government agencies. Our efforts focus on guiding the business community through the maze of state government offices. The bureau is, by law, the central repository for all state contracts over $5,000. Bureau personnel can supply descriptions of contracts, names of previous bidders, pricing breakdowns and other information to help you submit a successful bid on a contract. We will direct you to the appropriate person and agency looking for your product or service to get you ‘‘A Step Ahead.’’ Services are free except the cost of photocopying contracts or dubbing a computer diskette with a list of current contracts on the database. A free brochure, ‘‘Frequently Asked Questions About State Contracts,’’ explains how to take advantage of the bureau’s services. Contact: Bureau of Contracts and Public Records Pennsylvania State Treasury Room G13 Finance Building Harrisburg, PA 17120 717-787-2990 1-800-252-4700 BARBARA HAFER, State Treasurer

5850-03 Customer Service System & Supplies. For a copy of the bid package fax request to (717) 787-0725. Department: General Services Location: Various Duration: 4/1/2000—3/31/2001 Contact: Vendor Services, (717) 787-2199

8345-01 Flags, United States & PA. For a copy of the bid package fax request to (717) 787-0725. Commodities Department: General Services Location: Various Duration: 4/15/2000—4/14/2001 Contact: Vendor Services, (717) 787-2199

5805-03 Miscellaneous Telephone Equipment. For a copy of the bid package fax request to (717) 787-0725. Department: General Services Location: Various 1187219 Install new carpet in chapel. For a copy of the bid package fax request to Duration: 7/1/2000—6/30/2001 (717) 787-0725. Contact: Vendor Services, (717) 787-2199 Department: Public Welfare 9330-01 Sheets, polycarbonate and acrylic. For a copy of the bid package fax request Location: North Warren, PA to (717) 787-0725. Duration: FY 1999—2000 Department: General Services Contact: Vendor Services, (717) 787-2199 Location: Various 0031-11 Agriculture News. For a copy of the bid package fax request to (717) Duration: 4/1/2000—3/31/2001 787-0725. Contact: Vendor Services, (717) 787-2199 Department: Agriculture 9905-04 Pavement Markings Legends. For a copy of the bid package fax request to Location: Various (717) 787-0725. Duration: 4/15/2000—4/14/2001 Department: Transportation Contact: Vendor Services, (717) 787-2199 Location: Various 7485-01 Ribbons: Printer/Typewriter. For a copy of the bid package fax request to Duration: 4/1/2000—3/31/2001 (717) 787-0725. Contact: Vendor Services, (717) 787-2199 Department: General Services 3610-04 Offset Printing Equipment. For a copy of the bid package fax request to (717) Location: Various 787-0725. Duration: 4/1/2000—3/31/2001 Department: General Services Contact: Vendor Services, (717) 787-2199 Location: Various 3610-07 Multi-Function Office Equipment Lease with Purchase Option/Outright Pur- Duration: 4/1/2000—3/31/2001 chase. For a copy of the bid package fax request to (717) 787-0725. Contact: Vendor Services, (717) 787-2199 Department: General Services 7920-06 Dilution Control Systems Contact. For a copy of the bid package fax request Location: Various to (717) 787-0725. Duration: 4/1/2000—3/31/2001 Department: General Services Contact: Vendor Services, (717) 787-2199 Location: Various 1302119 Razor ribbon. For a copy of the bid package fax request to (717) 787-0725. Duration: 12/1/1999—11/30/2000 Department: General Services Contact: Vendor Services, (717) 787-2199 Location: Various 8177330 Wizard Work Zone Alert and information radio system Model AR-103. Duration: FY 1999—2000 Department: Transportation Contact: Vendor Services, (717) 787-2199 Location: Harrisburg, PA 0091-12 PennDOT Envelopes. For a copy of the bid package fax request to (717) Duration: FY 1999—2000 787-0725. Contact: Vendor Services, (717) 787-2199 Department: Transportation 1309119 Furnish and install three sections of new cutler hammer motor control center Location: Various with a 42 circuit panelboard. For a copy of the bid package fax request to (717) Duration: 4/1/2000—3/31/2001 787-0725. Contact: Vendor Services, (717) 787-2199 Department: Corrections 0071-12 Keystone Wild Notes. For a copy of the bid package fax request to (717) Location: Camp Hill, PA 787-0725. Duration: FY 1999—2000 Department: Conservation and Natural Resources Contact: Vendor Services, (717) 787-2199 Location: Various Duration: 5/1/2000—4/30/2001 Contact: Vendor Services, (717) 787-2199

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FDC-009-660 Scarifying, grading and compacting; bituminous paving (ID-2 & BCBC); 2A shoulder material; concrete curb and sidewalks. Work is at the Moshannon State Forest Headquarters, north of I-80 near Clearfield. Note: Bid Documents may be requested on or after December 20, 1999. Department: Conservation and Natural Resources Location: Pine Township Duration: Complete all work within 180 days Contact: Construction Management Section, (717) 787-5055

Computer Related Services—08 015DGS412-46 Project Title: Upgrade Sanitary Sewer System. Brief Description: All related work to install new sanitary sewer main. Rehabilitation of existing sewer main and pump station, replacement of a standby generator and all other related work for the rehabilitation. Estimated Range: $100,000 to $500,000. General, Plumbing and Electrical Construction. Plans Deposit: $65 per set Payable to: Goodkind & O’Dea, Inc. Refundable upon return of plans and specifications in reusable condition as construction documents within 15 days after the bid opening date. Bidder is responsible for the cost of delivery of the plans and specifications. Contact the office listed to arrange for delivery of documents. A separate check for $20 per set or provide your express mail 99-1000-26 The Office of Administration is seeking bidders who can provide Primaver account number to the office listed. Mail requests to: Goodkind & O’Dea, Inc., 101 Project Planner (P3) Software. Price should include maintenance covering telephone Noble Boulevard, P. O. Box 340, Carlisle, PA 17013-0340, (717) 240-0344. Bid Date: support, and any upgrades or enhancements to the software for the period of 1 year Wednesday, January 19, 2000 at 2 p.m. A prebid conference has been scheduled for from date of purchase. Interested bidders should fax their requests to be placed on the Tuesday, January 4, 2000 at 10 a.m. at Shippensburg University in the Old Main bidders list to Jane Benfer (FAX: (717) 787-0776). Building, Room 203A, Shippensburg, PA. Contact: Randy S. Bailey, (717) 240-0344 or Department: Office of the Budget/Executive Offices Terrence E. Durbin, (717) 477-1123, Ext. 3030 at the University. All contractors who Location: Office of Administration, Radio Project Office, 1 Technology Park, have secured contract documents are invited and urged to attend this Prebid Harrisburg, PA 17110-2913 Conference. Duration: FY 1999—2000 Department: General Services Contact: Jane L. Benfer, (717) 787-8767 Location: Shippensburg University, Shippensburg, Cumberland County, PA Duration: 280 Calendar Days from date of initial job conference KURFP-0016: Kutztown University is seeking qualified leading personal computer Contact: Contract and Bidding Unit, (717) 787-6556 consulting firms to submit proposals for the purpose of installing personal computers, printers, peripherals and software on campus. The scope of work will include but not be limited to: installation of new equipment, move computer equipment from one location to another, data transfer as required, physical inventory of models and serial numbers, configuration for networking, installation of standard software applications and testing for proper equipment functionality including hardware, operating system software and applications. Contractor may also be asked to upgrade existing personal computer hardware and software as needed. Scope of work will be done within normal operating hours of 8 a.m. and 4:30 p.m., Monday through Friday. Interested firms should request an RFP package in writing and direct it to: Barbara Reitz, Director of Elevator Maintenance—13 Purchasing, Kutztown University, Kutztown, PA 19530, Phone: (610) 683-4132, Fax: (610) 683-4674, email: [email protected]. Packages will be available January 5, 2000. Proposals are due on January 31, 2000. Department: State System of Higher Education Location: Kutztown University, Kutztown, PA 19530 Duration: 1 year option with option to renew for 4 additional 1 year terms Contact: Barbara Reitz, (610) 683-4132

1891810046 The Commonwealth of PA, Department of Revenue, Bureau of Imaging & Document Management desires to engage vendor services to provide data entry and 00872003 Elevator maintenance. key verification of PA State Income Tax records, bid proposals to be submitted for Department: Public Welfare PA-41 (Long Form) clean and establish, price per thousand, and PA-65 (Long Form) Location: Danville State Hospital, 200 State Hospital Drive, Danville, PA clean and establish, price per thousand records. Prices and daily production volumes 17821 must be stated in terms of 900 character records and firm for the period of March 1 to Duration: Anticipated to begin July 1, 2000—June 30, 2003 December 31, 2000 during the initial contract period. Records are to be recorded on 9 Contact: Pamela Bauman, (570) 271-4578 track 1600 B.P.1. magnetic tape (Required), or on 3480 or 3490 Data Cartridge, and possibly will migrate to File Transfer Protocol (FTP) during the term of this contract. One contract will be awarded. The Department of Revenue at its option may negotiate to extend this contract for additional 1 year terms. Any such extension shall be based upon the terms and prices to be charged and agreed to between the Department and the contractor. Department: Revenue Location: 1854 Brookwood Street, Harrisburg, PA 17104 Duration: March 1, 2000 to December 31, 2000 Contact: William Lupp, (717) 705-6745 Engineering Services—14

08430AG2462 To provide final design services on S. R. 0080, Section B18, Bellefonte Construction & Construction Maintenance—09 Interchange, and S. R. 0080, Section A18, T. R. 80 Interchange, in Centre County. Department: Transportation Location: Engineering District 2-0 Duration: Eighteen (18) Months (Minimum) Contact: Consultant Agreement Division, (717) 783-9309

08430AG2463 To provide preliminary engineering, environmental studies, final design and services during construction on S. R. 3005, Section 003 (covered bridge), S. R. 3008, Section 005 (Cisna Mill Covered Bridge) and S. R. 4001, Section 007 (Saville Covered Bridge), in Perry County. FBP-10-0033,35,36,37R Remove four existing structures; construct two reinforced box Department: Transportation culverts; construct two steel-I beams w/glulam timber superstructures; reinforced Location: Engineering District 8-0 concrete substructures and wing walls; clearing, grubbing and grading; excavating, Duration: Thirty (30) days after construction completion backfilling, and compacting; dewatering; E & S measures; site drainage; paving; Contact: Consultant Agreement Division, (717) 783-9309 signing; architectural surface treatment; landscaping. Work is along Cooks Run Road near the Village of Keating. Note: Bid documents may be requested on or after 08430AG2464 To provide construction inspection and documentation services for S. R. December 20, 1999. 0029, Section L02; S. R. 0029, Section 50S; S. R. 0322, Section 01L; and S. R. 0030, Department: Conservation and Natural Resources Section M05 in Chester and Delaware Counties. Location: East Keating and Noyes Townships Department: Transportation Duration: Complete all work by October 31, 2000 Location: Engineering District 6-0 Contact: Construction Management Section, (717) 787-5055 Duration: Thirty (30) days after construction completion Contact: Consultant Agreement Division, (717) 783-9309

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08430AG2465 To provide construction inspection and documentation services for S. R. BF 442-101.1 Under Act 181 of 1984, the Department of Environmental Protection 0030, Section PM1; S. R. 0030, Section S26; S. R. 0162, Section 51S; S. R. 3077, Section solicits letters of interest from the landowners and/or licensed mine operators for the 67S and S. R. 4021, Section 39M, in Chester County. reclamation of abandoned strip mine projects. Letters of interest must be received by Department: Transportation Ernest F. Giovannitti, Director, Bureau of Abandoned Mine Reclamation, Department Location: Engineering District 6-0 of Environmental Protection, 400 Market Street, P. O. Box 8476, Harrisburg, PA Duration: Thirty (30) days after construction completion 17105-8476, no later than 4 p.m., local time, January 18, 2000, to be considered. Contact: Consultant Agreement Division, (717) 783-9309 Department: Environmental Protection Location: 12 acres in Boggs Township Duration: N/A Contact: Ray Desai, (717) 783-5641

BF 441-101.1 Under Act 181 of 1984, the Department of Environmental Protection solicits letters of interest from the landowners and/or licensed mine operators for the reclamation of abandoned strip mine projects. Letters of interest must be received by Ernest F. Giovannitti, Director, Bureau of Abandoned Mine Reclamation, Department of Environmental Protection, 400 Market Street, P. O. Box 8476, Harrisburg, PA Environmental Maintenance Services—15 17105-8476, no later than 4 p.m., local time, January 18, 2000, to be considered. Department: Environmental Protection Location: 9.6 acres in Brady Township Duration: N/A Contact: Ray Desai, (717) 783-5641

BF 275-102.1 Under Act 181 of 1984, the Department of Environmental Protection solicits letters of interest from the landowners and/or licensed mine operators for the reclamation of abandoned strip mine projects. Letters of interest must be received by Ernest F. Giovannitti, Director, Bureau of Abandoned Mine Reclamation, Department BF 448-101.1 Under Act 181 of 1984, the Department of Environmental Protection of Environmental Protection, 400 Market Street, P. O. Box 8476, Harrisburg, PA solicits letters of interest from the landowners and/or licensed mine operators for the 17105-8476, no later than 4 p.m., local time, January 18, 2000, to be considered. reclamation of abandoned strip mine projects. Letters of interest must be received by Department: Environmental Protection Ernest F. Giovannitti, Director, Bureau of Abandoned Mine Reclamation, Department Location: 72 acres in Beaver Township of Environmental Protection, 400 Market Street, P. O. Box 8476, Harrisburg, PA Duration: N/A 17105-8476, no later than 4 p.m. Local Time, January 18, 2000, to be considered. Contact: Joe Schueck, (717) 783-5649 Department: Environmental Protection Location: 20 acres in Mt. Pleasant Township BF 451-101.1 Under Act 181 of 1984, the Department of Environmental Protection Duration: N/A solicits letters of interest from the landowners and/or licensed mine operators for the Contact: Joe Schueck, (717) 783-5649 reclamation of abandoned strip mine projects. Letters of interest must be received by Ernest F. Giovannitti, Director, Bureau of Abandoned Mine Reclamation, Department SW 026-101.1 Passive Landfill Gas Venting System Installation, Richards Landfill of Environmental Protection, 400 Market Street, P. O. Box 8476, Harrisburg, PA involves installation of a passive landfill gas venting system consisting of approxi- 17105-8476, no later than 4 p.m., local time, January 18, 2000, to be considered. mately 30 vent wells, each to a depth of approximately 30 feet, 8 inches in diameter; Department: Environmental Protection each vent equipped with a wind turbine and constructed at directed locations. This Location: 3 acres in Hempfield Township project will issue December 20, 1999; bid documents will not be sent until payment of Duration: N/A $10 has been received. Contact: Ray Desai, (717) 783-5641 Department: Environmental Protection Location: Connellsville Township Duration: April 30, 2000 Contact: Construction Contracts Section, (717) 783-7994

OSM 02(1935)101.1 Mine Subsidence Control, Revenue Street involves an estimated drilling of 104 boreholes, 15,600 tons of injection material and sealing 104 boreholes. One hundred percent of this project is financed by the Federal government from the Pennsylvania’s 1999 AML Grant in the amount of $8.7 million. This project issues December 20, 1999; bid documents will not be sent until payment has been received. Extermination Services—16 Department: Environmental Protection Location: West Homestead Duration: 190 calendar days Contact: Construction Contracts Section, (717) 783-7994

BR 452-101.1 Under Act 181 of 1984, the Department of Environmental Protection solicits letters of interest from the landowners and/or licensed mine operators for the reclamation of abandoned strip mine projects. Letters of interest must be received by Ernest F. Giovannitti, Director, Bureau of Abandoned Mine Reclamation, Department of Environmental Protection, 400 Market Street, P. O. Box 8476, Harrisburg, PA Bid # 186 Rockwell Tester, Instron # 2001T or equal. 17105-8476, no later than 4 p.m., local time, January 18, 2000, to be considered. Department: General Services Department: Environmental Protection Location: Penn State University/General Services Research Building at Uni- Location: 11 acres in Springfield Township versity Park. Duration: N/A Duration: Indeterminate 1999—2000 Contact: Ray Desai, (717) 783-5641 Contact: Steven Blazer, (814) 865-5418

BF 449-101.1 Under Act 181 of 1984, the Department of Environmental Protection Bid # 187 Genie Model TMZ - 34/19 Lift or equal. solicits letters of interest from the landowners and/or licensed mine operators for the Department: General Services reclamation of abandoned strip mine projects. Letters of interest must be received by Location: Penn State University/General Services Research Building at Uni- Ernest F. Giovannitti, Director, Bureau of Abandoned Mine Reclamation, Department versity Park. of Environmental Protection, 400 Market Street, P. O. Box 8476, Harrisburg, PA Duration: Indeterminate 1999—2000 17105-8476, no later than 4 p.m., local time, January 18, 2000, to be considered. Contact: Steven Blazer, (814) 865-5418 Department: Environmental Protection Location: 49 acres in Little Beaver Township Bid # 185 Universal Test Machine, ATS Model # 905 or equal. Duration: N/A Department: General Services Contact: Ray Desai, (717) 783-5641 Location: Penn State University/General Services Research Building at Uni- versity Park. BF 446-101.1 Under Act 181 of 1984, the Department of Environmental Protection Duration: Indeterminate 1999—2000 solicits letters of interest from the landowners and/or licensed mine operators for the Contact: Steven Blazer, (814) 865-5418 reclamation of abandoned strip mine projects. Letters of interest must be received by Ernest F. Giovannitti, Director, Bureau of Abandoned Mine Reclamation, Department Bid # 8014 Pest control (extermination) services at the Gettysburg Station. Service to of Environmental Protection, 400 Market Street, P. O. Box 8476, Harrisburg, PA be rendered quarterly with initial visit to include installation of two Vector light fly 17105-8476, no later than 4 p.m., local time, January 18, 2000, to be considered. traps. Services will be rendered March 1, 2000 to February 28, 2001. Department: Environmental Protection Department: State Police Location: 35 acres in Luzerne Township Location: Gettysburg Station, 3033 Old Harrisburg Pike, Gettysburg, PA 17325 Duration: N/A Duration: 3/1/2000 to 2/28/2001 Contact: Joe Schueck, (717) 783-5649 Contact: Donna Enders, (717) 783-5484

BF 444-101.1 Under Act 181 of 1984, the Department of Environmental Protection solicits letters of interest from the landowners and/or licensed mine operators for the reclamation of abandoned strip mine projects. Letters of interest must be received by Ernest F. Giovannitti, Director, Bureau of Abandoned Mine Reclamation, Department of Environmental Protection, 400 Market Street, P. O. Box 8476, Harrisburg, PA 17105-8476, no later than 4 p.m., local time, January 18, 2000, to be considered. Department: Environmental Protection Location: 24 acres in Highland Township Duration: N/A Contact: Ray Desai, (717) 783-5641

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G-2000-10 Bread and related products: Bids for bread will be issued semi-annually for the period specified. Related products will be bid on an as needed basis. Listing of specific commodities and estimated quantities can be obtained by contacting the institutional contact person. Department: Corrections Location: Department of Corrections SCI Greene, 1030 East Roy Furman Highway, Waynesburg, PA 15370 Duration: Bids will be issued during the time period of January 1, 2000 through December 31, 2000 Food—19 Contact: Pat Nichols, (724) 852-5533

G-2000-07 Shell Eggs: Bids will be issued on a quarterly basis. Delivery of the product(s) specified shall be made as needed and requested by the institution. Listing of specific commodities and estimated quantities can be obtained by contacting the institutional contact person. Department: Corrections Location: Department of Corrections SCI Greene, 1030 East Roy Furman Highway, Waynesburg, PA 15370 Dairy-01 Vendor to provide to State Correctional Inst. dairy products—milk 1/2 pints Duration: Quarterly bid will be issued during the time periods of January 1, (average monthly use 240,000 each) and bulk milk (average monthly use 400 gallons), 2000 through December 31, 2000 ice cream products—slices/sandwich (average monthly use 1200 gallons), cottage Contact: Pat Nichols, (724) 852-5533 cheese (average monthly use 600 pounds) and any other related product. This is bid out monthly. G-2000-08 Miscellaneous Frozen Foods: Bids will be issued on an as needed basis as Department: Corrections determined by the dietary manager. Listing of specific commodities and estimated Location: State Correctional Inst. Graterford, Box 246, Rt. 29, Graterford, PA quantities can be obtained by contacting the institutional contact person. 19426 Department: Corrections Duration: 1 year Location: Department of Corrections SCI Greene, 1030 East Roy Furman Contact: Kelly Richardson, (610) 489-4151 Highway, Waynesburg, PA 15370 Duration: Bids to be issued during the time periods of January 1, 2000 through Frozen-01 Vendor to provide to State Correctional Inst. frozen food items. Pancakes, December 31, 2000 french toast, waffles (equal to Aunt Jemima frozen products), pastry to include danish, Contact: Pat Nichols, (724) 852-5533 muffins, doughnuts, cupcakes and any other related item can not contain any pork products. To be bid out monthly or as needed. G-2000-05 Margarine: Bids proposal will be issued on an as needed basis for the Department: Corrections referenced item. Listing of specific commodities and estimated quantities can be Location: State Correctional Institution at Graterford, P. O. Box 246 off Rt. 29, obtained by contacting the institutional contact person. Graterford, PA 19426 Department: Corrections Duration: 1 Year Location: Department of Corrections SCI Greene, 1030 East Roy Furman Contact: Kelly Richardson, (610) 489-4151, Ext. 2429 Highway, Waynesburg, PA 15370 Duration: January 1, 2000 through December 31, 2000 on an as needed basis. Frozen-02 Vendor to provide to State Correctional Inst. frozen food items. Frozen Contact: Pat Nichols, (724) 852-5533 vegetables, fresh frozen, PA Spec. V-14 packed 20 to 60 lb. bulk. Approx. lb used per month 4,000 lbs. frozen cheese pizza ready to bake made with natural cheese and no G-2000-04 Dairy and related products: Bids will be issued on a semi-annual (or more sauce extenders (No pork ingredients in product). 21,000 each per month fish, frequent) basis. Delivery of the products specified shall be made approximately one or pre-cooked and oven ready 7,400 lbs. per month, Diet TV dinners, (No pork ingredients two days each week, or more often if deemed necessary by the institution. Listing of in product) to be bid out on an as needed basis. specific commodities and estimated quantities can be obtained by contacting the Department: Corrections institutions contact person. Location: State Correctional Institution at Graterford, P. O. Box 246 off Rt. 29, Department: Corrections Graterford, PA 19426 Location: Department of Corrections SCI Greene, 1030 East Roy Furman Duration: 1 Year Highway, Waynesburg, PA 15370 Contact: Kelly Richardson, (610) 489-4151, Ext. 2429 Duration: Bidding period December 1, 1999 through November 30, 2000 on an as needed basis Eggs-01 Vendor to provide to State Correctional Inst. fresh shell eggs, white grade a Contact: Pat Nichols, (724) 852-5533 class 1, medium natural 30 dozen per case. pa spec. E-10 approx. monthly usage 9,000 dozen frozen eggs, average monthly usage 10,000 lbs. To include any other relate G-2000-06 Cheese products: Bid will be issued on an as needed basis as determined by products to be bid out monthly or on an as needed basis. the dietary manager. Listing of specific commodities and estimated quantities can be Department: Corrections obtained by contacting the institutional contact person. Location: State Correctional Institution at Graterford, P. O. Box 246 off Rt. 29, Department: Corrections Graterford, PA 19426 Location: Department of Corrections SCI Greene, 1030 East Roy Furman Duration: 1 Year Highway, Waynesburg, PA 15370 Contact: Kelly Richardson, (610) 489-4151, Ext. 2429 Duration: Bid will be issued on an as needed basis during the period of January 1, 2000 through December 31, 2000 Meat-01 Vendor to provide to State Correctional Institution meat items to be bid out Contact: Pat Nichols, (724) 852-5533 monthly on an as needed basis. To include any other related items. Department: Corrections Location: SCI Graterford, P. O. Box 246 off Rt. 29, Graterford, PA 19426 Duration: 1 Year Contact: Kelly Richardson, (610) 489-4151

Veggie-01 Vendor to provide to State Correctional Institution fresh fruit and vegetables, items to be bid out monthly. To include any other related items. Department: Corrections Location: SCI Graterford, P. O. Box 246 off Rt. 29, Graterford, PA 19426 Hazardous Material Services—21 Duration: 1 Year Contact: Kelly Richardson, (610) 489-4151

Oleo-01 Vendor to provide to State Correctional Institution Oleo, type II style a, in 30 lb. plastic buckets. pa spec. C-94 eff amended, # 1 21 May 1973. To include any other related items. To bid out on an as needed basis. Department: Corrections Location: SCI Graterford, P. O. Box 246 off Rt. 29, Graterford, PA 19426 Duration: 1 Year Contact: Kelly Richardson, (610) 489-4151 120003 Qualified Waste Management Firms to provide services to dispose of hazardous and non-hazardous wastes located at county sites and within roadway right of Cheese-01 Vendor to provide to State Correctional Institution processed white ways within the Counties of Fayette, Greene, Washington and Westmoreland. Services American cheese, solid block, pre-sliced or shredded, 30 lb. containers or any other include sampling, testing, identifying, providing overpacks when necessary, transport- related products as required. To be bid out on an as needed basis. ing and disposal. Bids must be submitted on the Commonwealth’s Service Purchase Department: Corrections Proposal/Contract form with required attachments which are to be obtained from Location: SCI Graterford, P. O. Box 246 off Rt. 29, Graterford, PA 19426 PennDOT Engineering District 12-0, phone (724) 439-7236. This will be a 1 year Duration: 1 Year contract with an annual renewal option of 4 consecutive years. Contact: Kelly Richardson, (610) 489-4151, Ext. 2429 Department: Transportation Location: Fayette, Greene, Washington and Westmoreland Counties G-2000-09 Fresh fruits and vegetables: Bids will be issued quarterly for the period Duration: August 1, 2000 through July 31, 2001 specified. Delivery of the product(s) specified shall be made as needed and requested Contact: Lonnie J. Mangus, (724) 439-7236 by the institution’s dietary manager. Listing of specific commodities and estimated quantities can be obtained by contacting the institutional contact person. Department: Corrections Location: Department of Corrections SCI Greene, 1030 East Roy Furman Highway, Waynesburg, PA 15370 Duration: Bids to be issued quarterly for the time period January 1, 2000 through December 31, 2000 Contact: Pat Nichols, (724) 852-5533

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HVAC—22 Legal Services—26

00972005 Duct work in dietary areas at Mayview State Hospital. Contractor shall 081-OGC-ITQ-99-01 The Commonwealth of Pennsylvania is extending the time to furnish all labor, materials and all necessary items needed to inspect, interior clean, accept qualifications from law firms for participation in bond counsel pools established sanitize and fireproof duct work equipment located in kitchen and serving areas in by the Governor’s Office of General Counsel (OGC). As previously advertised, OGC various buildings at MSH. Service to be provided annually and in accordance with intends to establish pools of qualified counsel to serve as bond counsel to the following NFPA safety regulations. Bidders must completely inspect project site prior to agencies: Commonwealth of Pennsylvania, Office of the Budget; PENNVEST; Pennsyl- submitting bid. Type of equipment and location can be obtained by calling Purchasing vania Housing Finance Agency; Pennsylvania Economic Development Financing Au- at MSH or by faxing your complete company name, address, phone, Federal tax thority; Pennsylvania Industrial Development Authority; Pennsylvania Higher Educa- identification number and name of contact person to Purchasing at MSH, (412) tional Facilities Authority; and the State Public School Building Authority. OGC is 257-6761. seeking to review qualifications from legal service providers (law firms) for participa- Department: Public Welfare tion in four designated bond counsel pools to serve the above-identified financing Location: Mayview State Hospital, 1601 Mayview Road, Bridgeville, PA 15017- agencies through a formal Invitation to Qualify (ITQ) process. Those law firms that 1599 submitted qualifications by the November 22, 1999 deadline are not required to Duration: 7/1/2000 through 6/30/2005 resubmit but may do so if desired. To obtain a copy of the ITQ or information on OGC Contact: Fred Molisee, (412) 257-6215 and the executive agencies to be served by the four bond counsel pools, law firms are encouraged to visit OGC’s web site at www.ogc.state.pa.us. Law firms may also obtain 00872005 Control/Metering equipment maintenance (maintain, calibrate, adjust, re- a copy of the ITQ by sending a written request to M. Jane Demko by mail at Office of pair and/or replace components of the Boiler Plant Control System). Site visit required. General Counsel, 333 Market Street, 17th Floor, Harrisburg, PA 17101, by e-mail at Department: Public Welfare [email protected], or by fax at (717) 787-1788. Law firms should address questions Location: Danville State Hospital, 200 State Hospital Drive, Danville, PA pertaining to this ITQ to M. Jane Demko at the above-listed address, e-mail, or fax. All 17821 submissions to this ITQ are due by 2 p.m. on January 14, 2000. OGC will reject as Duration: Anticipated to begin July 1, 2000—June 30, 2003 nonresponsive all submissions received after this date and time. OGC expects to make Contact: Pamela Bauman, (570) 271-4578 its bond counsel appointments for future Commonwealth financing transactions to law firms identified and qualified through this ITQ process and thus strongly encourages any and all interested law firms to participate at this time to ensure consideration of their qualifications to provide bond counsel services. Department: Governor’s Office Location: Office of General Counsel, 333 Market St., 17th Floor, Harrisburg, PA 17101 Duration: 12/1/1999—12/31/2002 Contact: M. Jane Demko, (717) 787-6563 Janitorial Services—23

Medical Services—29 Bid 8013 Furnish all equipment, materials and labor to perform janitorial services. Two visits per week at the PA State Police, Punxsutawney Headquarters, 445 N. Findley Street, Punxsutawney, PA 15767. Detailed Work Schedule and Bid must be obtained from Facility Management Division, (717) 783-5484. Department: State Police Location: Punxsutawney Headquarters, 445 N. Findley Street, Punxsutawney, PA 15767 Duration: 4/1/2000 to 6/30/2003 Contact: Donna Enders, (717) 783-5484 00872007 Physical therapy service. Department: Public Welfare Location: Danville State Hospital, 200 State Hospital Drive, Danville, PA 17821 Duration: Anticipated to begin July 1, 2000—June 30, 2001 Contact: Pamela Bauman, (570) 271-4578

SP3596000001 (revised) The Northwest Regional Office of the Dept. of Environmen- tal Protection requires a fixed site contractor to administer physical examinations and provide certification for Dept. employes. Facility shall be located within 100 miles of the regional office in downtown Meadville. Department: Environmental Protection Location: Within 100 miles of downtown Meadville, PA Duration: January 1, 2000—June 30, 2000 with options to renew Contact: Doug Higby, (814) 332-6816

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Property Maintenance—33 Security Services—37

3881109005 Service to plant hardwood and conifer seedlings. Approximately 127,800 SP 00650001 Provide security guard services for the Westmoreland County Assistance seedlings to be planted on 599 acres in Sproul State Forest. There will be 19 separate Office—5 days per week (Monday through Friday) except State holidays. The hours are planting sites. Seedlings to be planted are as follows: conifer seedlings 101,500; from 7:30 a.m. to 5 p.m. with 1 hour unpaid lunch from 12 p.m. to 1 p.m. This service hardwood seedlings without tree shelters 3,950; hardwood seedlings with tree shelters will be provided to three offices. Guards must be uniformed. Complete details and 22,350. All quantities are estimates. specifications may be obtained by contacting the Procurement Office. Department: Conservation and Natural Resources Department: Public Welfare Location: Sproul State Forest, HCR 62, Box 90, Renovo, PA 17764 Location: Department of Public Welfare, Westmoreland County Assistance Duration: June 30, 2000 Office, 587 Sells Lane, Greensburg, PA 15601 Contact: Richard Kugel, (570) 923-6011 Duration: July 1, 2000 to June 30, 2003 Contact: Rose Wadlinger, (717) 783-3767 090-000236 Roadside Mowing: Cambria County (T. R.’s 22 and 219) and 17 interchanges. Two guaranteed mowing cycles and one optional cycle per year (2-year contract), 312.7 acres per cycle. (Possible renewals). Department: Transportation Location: Cambria County (T. R.’s 22 and 219 including 17 interchanges) Duration: July 1, 2000 to June 30, 2002 (2 years) Contact: Sean C. Alexander, Roadside Specialist, (814) 696-7116

090-000235 Roadside Mowing: Bedford County (I-99, S. R. 0220, limited access). Two guaranteed mowing cycles and two optional cycles. (2-year contract), 274.1 acres per cycle. Item 804-0057 (flail mowers). Vehicle, Heavy Equipment & Powered Department: Transportation Location: Bedford County—I-99, S. R. 0220 (limited access) Machinery—38 Duration: May 1, 2000 to April 30, 2002 (2 years) Contact: Sean C. Alexander, Roadside Specialist, (814) 696-7116

090-000237 Roadside Mowing: Somerset County (S. R. 0219 limited access). Two guaranteed mowing cycles and two optional mowing cycles (2-year contract), 253.5 acres per cycle. Item 804-0057 (flail mowers). (Possible renewals). Department: Transportation Location: Somerset County—S. R. 0219 Duration: May 1, 2000 to April 30, 2002 (2 years) 00872006 Backhoe/bulldozer service. Contractor shall supply a backhoe and/or bull- Contact: Sean C. Alexander, Roadside Specialist, (814) 696-7116 dozer with qualified operator. Department: Public Welfare 120R031 Roadside mowing of Department maintained state routes located south of SR Location: Danville State Hospital, 200 State Hospital Drive, Danville, PA 0030 in Westmoreland County. All mowing will be performed according to contract 17821 specifications. This will be a 1 year contract with an option for five 2 year renewal Duration: Anticipated to begin July 1, 2000—June 30, 2004 periods. Contact: Pamela Bauman, (570) 271-4578 Department: Transportation Location: Westmoreland County South of SR 0030 Duration: 5/1/2000 to 4/30/2001 Contact: Michael D. Maurer, (724) 439-7374

Miscellaneous—39

Sanitation—36

00872004 Electric motor repair service. Department: Public Welfare Location: Danville State Hospital, 200 State Hospital Drive, Danville, PA 17821 99-806 The contractor shall provide services to clean, vacuum and view clogged sewer Duration: Anticipated to begin July 1, 2000—June 30, 2003 lines, sanitary sewer lines, manhole, bar screen at the State Correctional Institution at Contact: Pamela Bauman, (570) 271-4578 Camp Hill. Department: Corrections 00872001 Fire equipment maintenance, hydrostatic testing and recharging of special- Location: State Correctional Institution at Camp Hill, 2500 Lisburn Road, ized portable and automatic fire suppression equipment/devices. P. O. Box 8837, Camp Hill, PA 17001-8837 Department: Public Welfare Duration: July 1, 2000 to June 30, 2003 Location: Danville State Hospital, 200 State Hospital Drive, Danville, PA Contact: Delores Stephens, (717) 975-5200 17821 Duration: Anticipated to begin July 1, 2000—June 30, 2003 Contact: Pamela Bauman, (570) 271-4578

180582 Repair service for Fujitsu 9600M PBX and associated equipment. Equipment includes analog line ports, digital line ports, analog trunk ports, voice mail ports, terminal, battery back up system and sentinel monitoring. Complete specifications can be obtained from facility. Department: Public Welfare Location: Warren State Hospital, 33 Main Drive, N. Warren, PA 16365-5099 Duration: 1/1/2000—12/31/2000 Contact: Bobbie D. Muntz, PA III, (814) 726-4496

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00872002 Fire alarm system service. 7300 Decentralized Driver Licensing and Vehicle Registration Services by Messenger Department: Public Welfare Service Center Mainframe connection. In accordance with Act 92-166, the Department Location: Danville State Hospital, 200 State Hospital Drive, Danville, PA of Transportation has installed several types of pilot programs of private sector, 17821 decentralized services for motor vehicle and driver license services. It also gave the Duration: Anticipated to begin July 1, 2000—June 30, 2003 Department the authority to expand the pilot program on a permanent basis. The Contact: Pamela Bauman, (570) 271-4578 Department will allow authorized messenger services to provide some vehicle registration and driver licensing services via a mainframe connection with the Department at 00873021 Lease of two pinball machines: To lease two pinball machines (flipper up to 50 additional sites. Each of the service vendors will provide face-to-face operated) on a monthly basis. The machines must have plexiglass instead of glass. The decentralized services via at least one site. Applicants must be currently authorized machines shall be replaced at the end of every sixth month with a change of games. messenger services who have been actively engaged in messenger services in Pennsyl- Each pinball machine will be located at a different location within the hospital vania since April 14, 1998. Applicants shall not have been sanctioned by the campus. Department for violations of 75 Pa.C.S. for Department regulations since April 14, Department: Public Welfare 1998. The term of the project will be July 3, 2000—July 3, 2005. Interested messenger Location: Harrisburg State Hospital, Cameron & Maclay Streets, Harrisburg, services may obtain a copy of the application procedures and program requirements by PA 17105-1300 contacting Laurie Cohrac, 1101 South Front Street, 4th Floor, Harrisburg, PA 17104, Duration: The estimated contract period if from July 1, 2000 through June 30, phone number (717) 787-3430. Questions should be submitted in writing to Laurie 2003, a period of 3 years Cohrac by 4 p.m., January 19, 2000. In addition, a meeting will be held at 10 a.m. on Contact: Jack W. Heinze, Purchasing Agent III, (717) 772-7435 February 9, 2000 on the 2nd floor of the Rachel Carson Building, 400 Market Street, Harrisburg, PA 17101 to address all questions from prospective applicants. Completed Bid 8015 Trash and rubbish removal services for the PA State Police, Clearfield applications must be received by 4 p.m. April 14, 2000. Applications should be mailed Station. Service to be rendered twice a month. Recycling, if applicable. to Driver and Vehicle Program Services, attention: Laurie Cohrac, 1101 South Front Department: State Police Street, 4th Floor, Riverfront Office Center, Harrisburg, PA 17104 or should be Location: Clearfield Station, R. D. 2, Box 314, Woodland, PA 16881-9781 delivered to Ms. Cohrac at 1101 South Front Street, 4th Floor, Riverfront Office Duration: 3/1/2000 to 6/30/2002 Center, Harrisburg, PA. Late applications will not be considered. Contact: Donna Enders, (717) 783-5484 Department: Transportation Location: Various GIARFP-2000 This Request for Proposal provides Pennsylvania intermediate units, Duration: July 3, 2000—July 3, 2005 institutions of higher education and private not-for-profit entities with information Contact: Laurie Cohrac, (717) 787-3430 that enables them to prepare and submit proposals for consideration by the Common- wealth of Pennsylvania to serve in a partnership capacity with the PA Department of SCID NRM # 2 Repair spalled brick over bottom 18Љ of radial brick chimney and Education as a facilitator for site management for one or more Governor’s Institutes or spalled brick around throat area of incinerator. Site visit is required. Academies for Educators. Department: Corrections Department: Education Location: State Correctional Institution, Follies Road, Dallas, PA 18612 Location: Throughout Pennsylvania Duration: 6/30/2000 Duration: July 1, 2000—June 30, 2001 Contact: Chris Chollak, (570) 675-1101, Ext. 359 Contact: Monica Washington, (717) 772-3817 M99-11 Contractor shall furnish two 60 lb. washer/extractors for our laundry at S.C.I. Љ HUN 337 Vendor to supply 128 each custom made windows manufactured for 9/16 Cambridge Springs. Installation, start up, test, maintenance and operation instruction GCP. This Bid is for materials only, installation to be done by Agency personnel. to be included. Detailed material requirements and dimensional specifications will be provided on the Department: Corrections Bid. Location: S.C.I. Cambridge Springs, 451 Fullerton Avenue, Cambridge Springs, Department: Corrections PA 16403 Location: State Correctional Institution, 1100 Pike Street, Huntingdon, PA Duration: Estimated time of delivery and installation 1/1/2000 to 2/29/2000 Duration: 12/6/99 to 6/30/2000 Contact: Quentin Hargenrater, Jr., (814) 398-5400 Contact: Robert Jessell, Purchasing Agent, (814) 643-2400 [Pa.B. Doc. No. 99-2159. Filed for public inspection December 17, 1999, 9:00 a.m.]

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DESCRIPTION OF LEGEND

1 Advertising, Public Relations, Promotional 22 Heating, Ventilation, Air Conditioning, Materials Electrical, Plumbing, Refrigeration Services, 2 Agricultural Services, Livestock, Equipment, Equipment Rental & Repair Supplies & Repairs: Farming Equipment 23 Janitorial Services & Supply Rental: Interior Rental & Repair, Crop Harvesting & Dusting, 24 Laboratory Services, Maintenance & Animal Feed, etc. Consulting 3 Auctioneer Services 25 Laundry/Dry Cleaning & Linen/Uniform 4 Audio/Video, Telecommunications Services, Rental Equipment Rental & Repair 26 Legal Services & Consultation 5 Barber/Cosmetology Services & Equipment 27 Lodging/Meeting Facilities 6 Cartography Services 28 Mailing Services 7 Child Care 29 Medical Services, Equipment Rental and 8 Computer Related Services & Equipment Repairs & Consultation Repair: Equipment Rental/Lease, 30 Moving Services Programming, Data Entry, Payroll Services, Consulting 31 Personnel, Temporary 9 Construction & Construction Maintenance: 32 Photography Services (includes aerial) Buildings, Highways, Roads, Asphalt Paving, 33 Property Maintenance & Bridges, Culverts, Welding, Resurfacing, etc. Renovation—Interior & Exterior: Painting, 10 Court Reporting & Stenography Services Restoration, Carpentry Services, Snow Removal, General Landscaping (Mowing, Tree 11 Demolition—Structural Only Pruning & Planting, etc.) 12 Drafting & Design Services 34 Railroad/Airline Related Services, Equipment 13 Elevator Maintenance & Repair 14 Engineering Services & Consultation: 35 Real Estate Services—Appraisals & Rentals Geologic, Civil, Mechanical, Electrical, Solar 36 Sanitation—Non-Hazardous Removal, & Surveying Disposal & Transportation (Includes 15 Environmental Maintenance Services: Well Chemical Toilets) Drilling, Mine Reclamation, Core & 37 Security Services & Equipment—Armed Exploratory Drilling, Stream Rehabilitation Guards, Investigative Services & Security Projects and Installation Services Systems 16 Extermination Services 38 Vehicle, Heavy Equipment & Powered 17 Financial & Insurance Consulting & Services Machinery Services, Maintenance, Rental, 18 Firefighting Services Repair & Renovation (Includes ADA Improvements) 19 Food 39 Miscellaneous: This category is intended for 20 Fuel Related Services, Equipment & listing all bids, announcements not applicable Maintenance to Include Weighing Station to the above categories Equipment, Underground & Above Storage Tanks GARY E. CROWELL, 21 Hazardous Material Services: Abatement, Secretary Disposal, Removal, Transportation & Consultation

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 STATE CONTRACTS INFORMATION 6405

Contract Awards PR Award The following awards have been made by the Depart- Date or ment of General Services, Bureau of Purchases: Requisition Contract PR or Effective In the Award Contract # Date To Amount Of Date or 1194149-01 12/07/99 News Sports 38,500.00 Requisition Contract Microwave or Effective In the Rental Inc. Contract # Date To Amount Of d/b/a NS 7350-09 12/09/99 XPEDX 294,267.26 Microwave 7350-09 12/09/99 Feeser’s Inc. 8,692.50 8215740-01 12/07/99 Varitech Ind. 9,350.00 9120-04 12/03/99 Green Moun- 30,000,000.00 8505020-01 12/07/99 AC Miller 68,115.00 SUP # 1 tain Com. Concrete Co. Prod. Inc. 1140239-01 12/07/99 Foster F. 126,287.70 8505060-01 12/07/99 Creative 260,100.00 Wineland Litho Sys- Inc. tems Inc. 1146119-01 12/07/99 Galey & Lord 88,000.00 GARY E. CROWELL, Inc. Secretary [Pa.B. Doc. No. 99-2160. Filed for public inspection December 17, 1999, 9:00 a.m.] 1177219-01 12/07/99 Dick’s 17,631.00 Homecare Inc. 1190159-01 12/07/99 DSM Machin- 310,402.50 ery

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6409 PROPOSED RULEMAKING comments from those entities. The Department has also DEPARTMENT OF HEALTH received input, comments and suggestions from stakeholders concerning their experiences during the imple- [28 PA. CODE CH. 9] mentation stage of Article XXI. Managed Care Organizations In drafting its proposed regulations, the Department The Department of Health (Department) proposes to has taken into account the recommendations of the amend Chapter 9 (relating to managed care organiza- managed care work groups as well as the comments tions) by deleting the existing regulations in Subchapter received on the draft regulations from stakeholders. The A (relating to health care organizations), the statement of Department’s proposed regulations are intended to ad- policy in Subchapter D (relating to PHOs, POs and IDSs) dress both those areas which specifically impact HMOs, and the statement of policy in Subchapter E (relating to and those requirements which managed care plans (other quality health care accountability and protection). The than managed care plans subject to ERISA) shall meet Department proposes to replace these regulations and under Article XXI. These proposed regulations do not statements of policy with the proposed rulemaking regu- apply to traditional indemnity products or preferred lations in Annex A. provider organizations without gatekeepers, except with respect to proposed § 9.672 (relating to emergency ser- Purpose of the Proposed Rulemaking vices). Proposed § 9.742 (relating to CREs) reiterates the requirement of section 2151 of Article XXI (40 P. S. The Department’s regulations governing health mainte- § 991.2152) concerning operational standards for utiliza- nance organizations (HMOs) in Chapter 9 (HMO regulation review (UR). Section 2151 requires licensed insurers tions) were adopted in 1983. The rapid growth in the and managed care plans with certificates of authority industry of managed care and the changes in the entities performing UR to comply with the operational standards that may deliver and finance health services in the for certified utilization review entities (CREs) in section managed care field have caused the Department to 2152, although it does not require them to be certified by supplement those regulations over time through state- the Department. See 40 P. S. § 991.2151(e). ments of policy. One statement of policy addresses an HMO’s ability to contract for certain services through an In proposing these regulations, the Department is integrated delivery system. See §§ 9.401—9.416. Another attempting to address changes in the managed care provides guidelines for the implementation of Article XXI industry, to include the statements of policy in regulation of the Insurance Company Law of 1921 amended by the as necessary, and to implement the accountability and act of June 17, 1998 (P. L. 464, No. 68) (40 P. S. protection provisions of Act 68. Subchapter A is proposed §§ 991.2101—991.2361) (Act 68). See §§ 9.501—9.519. to be repealed because the Department is updating its regulations governing health maintenance organizations. In 1996, Governor Ridge issued Executive Order Subchapters D and E are proposed to be repealed, and 1996-1, which required all State agencies under the relevant sections are being included in the proposed Governor’s jurisdiction to review their existing regula- regulations. tions. In response to Executive Order 1996-1, the Depart- ment convened managed care policy work groups on the Summary of the Proposed Rulemaking following seven topics: consumers; providers; special needs; behavioral health; data collection and standards; Subchapter F. General quality assurance, utilization and credentialing; and risk Section 9.601. Applicability. assignment, fiscal and financial issues. Included in the work groups were representatives from health plans, This section would deal with new subject matter. providers, purchasers and consumers, as well as Depart- Proposed § 9.601 defines the purpose of Chapter 9, and ment staff and select staff from the Departments of clarifies what entities are governed by the chapter. Chap- Public Welfare, Aging, Insurance, Education and the ter 9 is intended to apply to managed care plans as Health Care Cost Containment Council. These groups defined by Act 68, except when its application is specifi- met from July 1997 to December 1997 for the explicit cally limited to HMOs. Chapter 9 would not apply to purpose of providing public input to the Department plans and HMOs exempted by the exception and preemp- regarding managed care public policy, in preparation for tion provisions of Act 68 (40 P. S. § 991.2193) and the the revision of the HMO regulations. HMO Act (40 P. S. § 1566). Generally, nothing in Chapter 9 is intended to prohibit plans from providing administra- In 1998, before revisions to the HMO regulations were tive services and health care provider networks to self- completed, the General Assembly passed amendments to funded employers and other licensed insurers. The Insurance Company Law of 1921. Act 68 set out specific requirements for managed care plans, which it Subsection (a) would also put plans on notice that the specifically defined to include any health care plan using Department also has pertinent regulations on these top- a gatekeeper to manage the utilization of health care ics, and that plans shall be in compliance with both sets services. See 40 P. S. § 991.2102 (definition of ‘‘managed of regulations. care plan’’). In October of 1998, the Department issued a Subsection (b) would clarify that Chapter 9 applies to statement of policy providing interim guidance on imple- entities, including integrated delivery systems (IDS), mentation of The Insurance Company Law of 1921 (Ar- which undertake plan functions through contracting article XXI). The Department also stated that in 1999 it rangements. In some instances, the proposed regulations would adopt formal regulations facilitating the implemen- apply specifically to HMO-IDS arrangements. tation of Article XXI. In May 1999, the Department provided to stakeholders draft regulations combining revi- Subsection (c) would clarify that Chapter 9 would not sions to the HMO regulations and new provisions facili- apply to licensed insurers, except with respect to those tating the implementation of Article XXI, and received licensed insurers performing UR.

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Subsection (d) would also clarify that Chapter 9 would cerns over enrollee access and availability to physicians not apply to ancillary services. in medically underserved areas, and to recognize the Section 9.602. Definitions. ability of licensed professionals other than physicians to perform certain primary care functions by the terms of The definition section would do two things: update and their licenses. replace the current definitions relating to the HMO regulations in § 9.2 (relating to definitions); and add The Department is proposing to add definitions for the definitions relevant to the Department’s responsibilities following terms: ‘‘ancillary service plans,’’ ‘‘complaint,’’ under Act 68. ‘‘drug formulary,’’ ‘‘emergency service,’’ ‘‘grievance,’’ health care provider,’’ ‘‘health care service,’’ ‘‘managed care plan,’’ In proposing changes to the current HMO regulations, ‘‘utilization review’’ and ‘‘utilization review entity.’’ These the Department is proposing to eliminate outdated and definitions are included in Act 68. unnecessary definitions, and to revise and add other definitions to reflect current industry trends. For ex- The Department is also proposing to add a definition ample, the Department is proposing to delete the defini- for the term ‘‘ancillary services’’ since the industry usage tions of three types of HMOs: group practice HMOs, of that term encompasses more than what is included by individual practice association HMOs and staff HMOs. definition in the term ‘‘ancillary service plans.’’ Distinguishing these different types of HMOs by defini- Act 68 does not specifically define the term tion is no longer relevant for purposes of regulations; the ‘‘gatekeeper.’’ That term, however, is intrinsic to the Department applies the same regulations to all HMOs. determination of what entities are managed care plans Further, it is possible that listing only three types could for the purposes of the act. Act 68 specifically defines a give the impression that only three types of HMOs exist. managed care plan covered by the act as, among other That is not the case. things, ‘‘a health care plan that uses a gatekeeper ....’’ The Department is also proposing to delete the defini- In proposing a definition for the term, ‘‘gatekeeper,’’ the tion of the term, ‘‘Federally qualified health maintenance Department has attempted to include the description of a organization.’’ Since Federal law no longer provides that a gatekeeper included in definition of ‘‘managed care plan.’’ Federally qualified HMO may require an employer to Further, the Department would define ‘‘gatekeeper’’ to offer it to employes, Federally qualified HMOs are no include an agent of a managed care plan. These agents longer the dominant market force, and need not be may be entities acting on behalf of the plan as well as addressed specifically in the Department’s regulations. natural persons. The Department has attempted to recognize industry Along with the proposed definition of ‘‘gatekeeper,’’ the trends by proposing to add a definition for ‘‘IDS— Department is proposing to include definitions for two integrated delivery system.’’ An IDS is a method of types of managed care plans covered by Act 68: provider contracting which has evolved since the passage ‘‘gatekeeper PPOs’’ and ‘‘POS—point-of-service’’ plans. of the HMO Act, and the promulgation of regulations Section 9.603. Technical advisories. under that act. This arrangement also allows a plan to This section would deal with new subject matter. It is delegate functions, including medical management over- intended to provide the Department with the flexibility to sight, to an entity more closely associated with and expert address the issues of a rapidly changing industry. A in those matters. An HMO-IDS arrangement also allows technical advisory issued by the Department would be providers to benefit from the additional bargaining power guidance from the Department on how to meet statutory provided by group activity. The Department’s proposal to and regulatory requirements, but would not in and of include IDSs in its proposed regulations is recognition itself set legally binding standards. that IDS arrangements exist, and are growing in size, scope and responsibility. The Department’s responsibili- Section 9.604. Plan reporting requirements. ties under the HMO Act require that it have the ability to This section would revise and replace current §§ 9.91 regulate the arrangements and activities of these entities and 9.92 (relating to annual reports; and quarterly insofar as they perform the functions of and for HMOs. reports). The Department is proposing to expand the The Department’s proposal to add a definition for requirements of annual and quarterly reporting, currently ‘‘medical management’’ is also intended to address the applicable only to HMOs, to all managed care plans actual manner of doing business in the managed care covered by Act 68. This will enable the Department to industry. Medical management is a comprehensive term fulfill its monitoring and enforcement responsibilities incorporating the full range of UR, quality assurance, and under that article. disease and case management activities. These services The Department is proposing to add several items to have been traditionally performed by HMOs, but with the list of reportable items included in § 9.91. Subsection increasing frequency are being delegated by the HMO to (a)(1) would request enrollment and disenrollment data IDSs and other entities, such as CREs. by product line and county, rather than simply request enrollment and disenrollment data, as does § 9.91. The The Department is also proposing to add definitions of Department does ask for similar data with this specificity terms used but not defined in the HMO Act. These terms and clarity at the current time. The proposed regulation include, ‘‘external quality assurance assessment,’’ ‘‘exter- would merely require what HMOs are now doing volun- nal quality review organization,’’ ‘‘foreign HMO,’’ ‘‘inpa- tarily. Similarly, subsection (a)(4) would require a plan to tient services,’’ ‘‘outpatient services,’’ ‘‘preventive health provide, in an annual report, copies of enrollee literature, care services,’’ ‘‘provider network’’ and ‘‘service area.’’ including any documents that contain information con- These definitions would add clarity to the regulations. cerning complaint and grievance rights and procedures. The Department is proposing to delete the term ‘‘pri- The Department currently requests this information so mary care physician,’’ and replace it with the term, that the information is available to Department staff to ‘‘primary care provider.’’ ‘‘Primary care provider’’ is the aid enrollees calling for assistance. The proposed regula- term used by Act 68. The term does not limit a primary tion would also enable the Department to fulfill its care provider to a physician. By changing and broadening responsibilities relating to the complaint and grievance the term used, the Department intends to address con- procedures under Act 68.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 PROPOSED RULEMAKING 6411

In subsection (a)(2), the Department is proposing to ask Section 9.606. Penalties and sanctions. for utilization data annually as well as quarterly. The Authority for this provision is contained in, and the Department would also require the plan to provide a copy language is taken directly from, section 15 of the HMO of its current provider directory, (see subsection (a)(5)) Act (40 P. S. § 1565) and section 2182 of Article XXI (40 and a listing of all IDS arrangements and enrollment. See P. S. § 991.2182). subsection (a)(7)). The former is required by section 2111(12) of Article XXI (40 P. S. § 991.2111(12)) concern- Subchapter G. HMOs ing responsibilities of managed care plans. The latter is a This subchapter would be applicable to any corporation necessary part of ensuring that the HMO entering into that proposes to undertake to establish, maintain and the arrangement remains in compliance with the HMO operate an HMO within this Commonwealth, with the Act. Since IDSs perform functions originally required of exception of an HMO exempted under sections 16 and the HMO, the Department must ensure that the HMO- 17(b) of the HMO Act (40 P. S. §§ 1566 and 1567(b)). IDS arrangement has sufficient resources and oversight to provide adequate services based on the population The proposed regulations in this subchapter would be, being served. Requiring and reviewing reports including for the most part, revisions of the regulations in existing specific enrollment and disenrollment data is one way of Chapter 9, Subchapter A (HMO regulations). The Depart- ensuring that compliance. ment proposes to delete several of the provisions alto- gether. Section 9.31 of the HMO regulations, refers to the In subsection (a)(10), the Department is also proposing Certificate of Need process. Chapter 701 of the Health to add the requirement that a plan provide a listing of all Care Facilities Act (35 P. S. §§ 448.701—448.712) sunset CREs that perform UR for the plan or a contracted IDS. in December of 1996, therefore, this provision is no longer This would limit possible conflicts of interest by enabling relevant. the Department to determine whether a CRE assigned by the Department to review external grievances had pro- Sections 9.55 and 9.95 (relating to alternative applica- vided services to the plan in the past. tion format for Federally-qualified health maintenance organizatios; and Federally-qualified health maintenance Current § 9.91 requires the submission of copies of the organizations) would also be deleted as irrelevant. Since HMO’s quality assurance report and grievance resolution Federally-qualified HMOs are no longer relevant to the system. The Department is proposing to extend these market, they no longer need to be regulated as a distinct requirements to all managed care plans by virtue of Act entity. 68 and the PPO Act. Section 5.1(b)(1)(ii) of the HMO Act (40 P. S. § 1555.1(b)(1)(ii)) provides the Department with Several of the current regulations add nothing to the authority to determine whether an HMO has demon- Department’s regulatory scheme. Retaining similar provi- strated it has arrangements for an ongoing quality of sions in the new regulations would be unnecessary. health care assurance program. Section 10(e) of the HMO Section 9.54 (relating to standards regarding approval of Act (40 P. S. § 1560(e)), requires that an HMO establish certificate of authority) merely states that an HMO must and maintain a grievance resolution system satisfactory meet the minimum operating standards in the regula- to the Secretary. Section 630 of The Insurance Company tions. Section 9.71 (relating to operational standards), Law of 1921, known as the PPO Act (40 P. S. § 764a(e)), restates the HMO Act. The Department is proposing not provides the Department with the authority to review to retain these provisions in the proposed rulemaking. and approve grievance resolution systems and to require The Department is also proposing to not retain provi- quality and utilization controls of certain preferred pro- sions in § 9.76 (relating to professional staffing) because vider organizations (PPOs). specific staffing ratios contained in that section are The Department is proposing to delete references to obsolete. Staff model HMOs are no longer prevalent in Federally qualified HMOs since that distinction is no the industry. Staffing requirements are dealt with at the longer relevant. individual HMO level through credentialing require- Section 9.605. Department investigations. ments, and provider network recruiting. The requirements for primary care physicians and health care provid- This section would replace and revise § 9.94 (relating ers would be incorporated into proposed §§ 9.678 and to Departmental investigation) of the HMO regulations. 9.681 (relating to primary care providers; and health care The Department is proposing to extend the section to providers). So long as the HMO provides accessibility and managed care plans covered by Act 68, under the author- access to personnel and facilities in a way that enhances ity given to it by that act to ensure compliance. See 40 the availability and accessibility of services, and provides P. S. § 991.2181(d) concerning Departmental powers and for quality assurance mechanisms to ensure the safety of duties and 40 P. S. § 2131(c)(2)(ii) concerning confidenti- the enrollees, the Department would have no need to ality and Department access to medical records. dictate staffing in this detail. Subsection (b) would also expand onsite inspection to Section 9.622. Prohibition against uncertified HMOs. any IDS with which an HMO has contracted. This This section would be substantially similar to current provision is included since an IDS is taking over functions § 9.51 of the HMO regulations (relating to prohibition which could have been reviewed during an onsite inspec- against uncertified health maintenance organizations). tion of the Department if those functions were still being The Department proposes to clarify the language by performed by the HMO. adding provisions relating to foreign HMOs. Subsection (d) would allow the Department access to Section 9.623. Preapplication development activities. medical records for the purposes of quality assurance, investigation of complaints or grievances, enforcement or This section would revise and replace current § 9.32 of other activities related to ensuring an HMO’s compliance the HMO regulations (relating to preapplication develop- with Article XXI, the regulations and the laws of the ment activities). The revisions would not be substantive Commonwealth. Section 2131(c)(2)(ii) of Article XXI (40 except for language stating that a certificate of authority P. S. § 991.2131(c)(2)(ii)) provides for the Department’s would not be issued until the HMO is able to demonstrate review of medical records for this purpose. that it has an adequate provider network. The Depart-

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6412 PROPOSED RULEMAKING ment has been deeming applications complete even regulations (relating to public meetings on the applica- though the applicant has not provided all necessary tion). Since the decision to hold a meeting is within the relevant information relating to provider networks. discretion of the Department, the time frames included in Application for Certificate of Authority § 9.53(f), which are regulatory and not statutory, are unnecessary. Section 9.631. Content of an application for an HMO certificate of authority. Section 9.633. HMO board requirements. This section would revise and replace current § 9.52 of This section would be substantially the same as current the HMO regulations (relating to content of an applica- § 9.96 of the HMO regulations (relating to board composition for certificate of authority). The proposed section tion). The Department is proposing to remove the require- would be substantially the same as § 9.52, with changes ment that the board be composed of one-third enrollees to reflect requirements of Act 68. For example, the within 1 year from the date of receipt of the certificate of Department would require the HMO to provide a copy of authority, since this is an artificial deadline. The HMO is its policy on confidentiality (see § 9.631(10)), a descrip- required to have a board made up of one-third enrollees tion of its provider credentialing system, (see by the HMO Act (40 P. S. § 1557). The board must reflect § 9.631(11)), and a description of its complaint and the requirements of the act as soon as an HMO has grievance systems. See § 9.631(7). enrollees. The Department is proposing to eliminate the require- Section 9.634. Location of HMO activities, staff and mate- ment that the applicant provide a description of the rials. manner in which subscribers would be selected to the This section would deal with new subject matter. HMO’s board. The HMO Act requires that at least Paragraph (1) would require an HMO to make books, one-third of the board be subscribers. The Department is records and other documents relevant to it maintaining concerned with the outcome of the selection procedure, its certification and complying with Act 68, available to and not the procedure itself. the Department at a location within this Commonwealth, The Department is also proposing to eliminate current within 48 hours of a Department request. This require- requirements that an HMO provide a detailed description ment would ensure that the Department has access to or reasonable incentives for cost control within the struc- information necessary for it to perform its responsibili- ture and function of the HMO (§ 9.52(11) of the HMO ties, while allowing the HMO to run its operations as it regulations), a job description for the position of medical finds its business requires. The Department is proposing, director, (§ 9.52(16) of the HMO regulations), a procedure however, in paragraph (2), that the HMO’s medical for referral of subscribers to nonparticipating specialists director responsible for overseeing UR and quality assur- (§ 9.52(17) of the HMO regulations), and written proce- ance activities would be licensed to practice in this dures for payment of emergency services provided by Commonwealth, and qualified to oversee the delivery of other than a participating provider (§ 9.52(18) of the health care services here. In paragraph (3), the Depart- HMO regulations). The Department has eliminated these ment is proposing that the HMO’s quality assurance/ requirements because they have been superceded by improvement committee include Pennsylvania licensed requirements in Act 68, or the Department believes they health care providers. The Department believes these are no longer critical to the review of an applicant. requirements would be essential for the provision of adequate services to enrollees of this Commonwealth. The Department also proposes to eliminate the require- Section 9.635. Delegation of HMO operations. ment that HMOs provide a description of Federal grant or loan funds (§ 9.52(12) of the HMO regulations), since This section would deal with new subject matter. Federal qualification is no longer a relevant distinction. Subsection (a) would address a growing industry trend of the managed care organization delegating certain func- The Department is also proposing to delete from its tions to a contractor with expertise in performing the proposed regulations governing certificate of authority function. HMOs have never been prohibited from this applications, requirements that the application include a delegation. The Department asks for delegation informa- copy of the applicant’s most recent financial statement tion in § 9.52(7) of the HMO regulations (relating to (§ 9.52(13) of the HMO regulations) and a copy of content of application for a certificate of authority). proposed subscriber literature § 9.52(15) of the HMO regulations. These two items are still required on the Although the ‘‘management’’ contracts are traditionally joint application developed by the Department and the the province of the Insurance Department (see 40 P. S. Insurance Department. However, because they pertain to § 1558(b)), they can impact upon the Department’s ability matters within the purview of the Insurance Department, to oversee the quality of health care services through the Department is proposing to remove them from its review of provider contracts. See 40 P. S. § 1558(a) (The regulations. Secretary has the authority to require renegotiation of provider contracts when they are inconsistent with the Section 9.632. HMO certificate of authority review by the purposes of the HMO Act). Subsection (a) would ensure Department. that the Department is able to carry out its responsibili- This section would be substantially similar to current ties under the HMO Act. § 9.53 of the HMO regulations (relating to review by the Further, the Department has the responsibility to en- Department). This section would emphasize the fact that sure that an HMO can provide available and accessible no application for a certificate of authority would be services, and continuity of care. Since these are some of complete for purposes of the HMO Act until all requests the responsibilities delegated to the contractor, the De- for further information are adequately answered by the partment must have the same ability to oversee the applicant, and there is evidence of a contracted and contractor performing functions for which the HMO is credentialed provider network of sufficient capacity to responsible, as it would the HMO itself, if the functions serve the proposed number of enrollees. were still performed directly by the HMO. The Department is also proposing not to include in this To ensure that delegation occurs in a controlled manner section some of the language from § 9.53(f) of the HMO that protects both the enrollee and the participating

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 PROPOSED RULEMAKING 6413 health care provider, the Department is proposing stan- cost are willing to purchase limited networks of health dards for delegation of this authority in proposed care providers. The Department has the responsibility to Subchapter H (relating to access and availability), and ensure HMOs are able to provide access and availability would require an HMO to meet these standards before a of adequate health care services to enrollees. See 40 P. S. delegation contract would be approved. § 1555.1(b)(1)(i). The Department is proposing to add this Section 9.636. Issuance of a certificate of authority to a section to ensure that the limited networks offered are foreign HMO. not so circumscribed as to force enrollees out of network This section would deal with new subject matter. This to obtain necessary services. If that were to happen, the proposed section tracks section 6.1 of the HMO Act (40 enrollee could be continuously in a position of incurring P. S. § 1556.1). The Department has received more in- maximum out-of-pocket expense for health care services. quiries in recent years from foreign HMOs seeking to do This situation would violate requirements of the HMO business in this Commonwealth. Therefore, the Depart- Act that the HMO be able to assure the accessibility and ment is proposing to include the HMO Act’s requirements availability of adequate health care services. for a foreign HMO to obtain a certificate of authority in its regulations. In subsection (b)(1), the Department is proposing to require that enrollees in limited networks be fully in- Operational Standards formed by the HMO of out of network consequences. This Section 9.651. HMO provision and coverage of basic would prevent enrollees from incurring unexpected costs. health services to enrollees. Section 9.655. HMO external quality assurance assess- Section 9.652. HMO provision of other than basic health ment. services to enrollees. These sections would revise and replace current § 9.72 This section would replace and revise § 9.93 of the of the HMO regulations (relating to basic health services). HMO regulations (relating to external quality assurance Section 9.72 implements the HMO Act’s requirement that assessment). In subsection (a), the Department is propos- an HMO provide basic health services to the enrollee. See ing to increase the time frame in which the quality 40 P. S. § 1554. The Department is proposing to divide assurance assessment would be required of the HMO § 9.72 into several sections, one addressing the provision from 1 year from the date the HMO receives its certificate of basic health services, as defined by the HMO Act (see of authority to 18 months from that date. This change proposed § 9.651), and the other addressing nonbasic would be in accordance with standards of Nationally health services, as set out in § 9.72(d). See proposed recognized accrediting bodies. In subsection (e), the De- § 9.652. partment is also proposing to increase the time frame in Section 9.651 would contain a listing of basic health which an HMO is required to submit a copy of the services that the HMO Act requires an HMO to provide. external quality assurance assessment report to it from The Department is proposing to eliminate the definitional 10 business days from the date of receipt by the HMO to language in § 9.72, and to expand, update and combine 15 days from that date. definitions when necessary. For example, the Department proposes to include physician services in the definition for Section 9.656. Standards for approval of point-of-service ‘‘inpatient services.’’ See proposed definition of ‘‘inpatient options by HMOs. services’’ in proposed § 9.602 (relating to definition). The Department is also proposing to revise the definition of This section would deal with new subject matter. ‘‘emergency services’’ to reflect Act 68’s definition of this Subsection (a) would require an HMO to submit a formal term. See proposed definitions of ‘‘emergency care,’’ ‘‘inpa- filing in order to offer a POS option. In response to tient services,’’ ‘‘outpatient services’’ and ‘‘preventive care market forces and consumer demand, HMOs have devel- services’’ in proposed § 9.602. Finally, the Department is oped benefit plans that provide for greater freedom of proposing to insert the definitions, revised and updated, choice on the part of consumers. The Department has a from current § 9.72 into proposed § 9.602. responsibility to monitor POSs to ensure access and The Department is also proposing to include the rel- availability of provider networks to enrollees. The issues evant material in § 9.72(b), which discusses co-pays and that could arise with POS plans would be the same as coinsurances, in a separate section specifically on those those that could arise from limited networks. There is the topics. See proposed § 9.653 (relating to use of co- possibility that the primary care provider would perform payments and co-insurances in HMOs). an inadequate job of gatekeeping, so that enrollees would be forced to choose the higher-out-of pocket option. This Section 9.653. Use of co-payments and co-insurances in situation would defeat the purpose of managed care, and HMOs. would raise questions of violations of the HMO Act. In This section would replace and revise § 9.72(b) of the subsection (b), the Department is proposing to set out HMO regulations (relating to basic health services). Sec- conditions under which POS options could be offered. tion 9.72(b) prohibits unreasonable limitations as to time and cost on an HMO’s provision of basic health services. Subchapter H. Availability and Access It provides for the imposition of copayments only if those copayments do not exceed the maximum allowable per- Section 9.671. Applicability. centages included in the regulations. The Department is proposing to eliminate those percentages because they are This subchapter would be new, and would be derived too confusing to be effective. mainly from the provisions of Act 68. Some sections would incorporate parts of the Department’s current relating to Section 9.654. HMO provision of limited networks to select HMOs; however, this subchapter would apply to all enrollees. managed care plans as defined by Act 68, as well as to This section would deal with new subject matter. In the IDS arrangements with those managed care plans, for the current market, purchasers of health care looking to limit services provided to enrollees of those plans.

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Section 9.672. Emergency services. and quality of services being provided. Through subsec- This section would deal with new subject matter. It tion (b)(10), the Department proposes to monitor the would be based on sections 2111(4) and 2116 of Article plan’s effectiveness in this area by requiring a copy of the XXI (40 P. S. §§ 991.2111(4) and 991.2116). Section plan’s annual report of quality assurance activities. 2114(g) of Article XXI sets time frames in which emer- Section 9.675. Delegation of medical management. gency services must be provided. Section 2116 of Article This section would deal with new subject matter. It XXI eliminates the need for prior authorization for emer- would set standards for a plan’s delegation of medical gency services, and sets out the requirement that the management authority. The section would ensure that plan pay necessary costs. Subsections (b)—(e) would track delegation would occur in a controlled manner that would these requirements and emphasize the need for the plan protect both the enrollee and the participating health care to apply the prudent layperson standard to the enrollee’s provider. The purpose of this type of delegation is, as presenting symptoms. previously stated, to allow the plan to delegate certain Subsection (f) would be derived from § 9.75(f) of the responsibilities to health care providers and those entities HMO regulations. Act 68 does not limit coverage for with specialized expertise in particular disease groups or emergency services to participating plan providers. Sub- populations. Because of the Department’s responsibility to section (f) would require the plan to pay for services ensure the quality of health care services, cost effective- provided by a nonparticipating provider at the same rate ness, and access to services, the Department must have as it pays to a participating provider, when the services the same oversight over a contractor, which is performing are determined by the plan to be necessary based on the a service otherwise performed by the plan, as it would prudent layperson standard. have over the plan. Emergency services are also referenced in § 9.72 of the Subsection (b) would require any contractor performing HMO regulations. The language included in Act 68 and UR, unless the contractor is a licensed insurer or a plan proposed here would replace and revise the language in with a certificate of authority, to be certified in accord- this provision. ance with section 2151 of Article XXI. Section 9.673. Plan provision of prescription drug benefits Section 9.676. Standards for enrollee rights and responsi- to enrollees. bilities. Act 68 requires a plan to disclose to enrollees upon This section would replace and revise § 9.77 of the written request a description of the procedure by which HMO regulations (relating to subscriber rights), and prescribing providers may prescribe certain drugs. Sub- would extend the requirement that an HMO have stan- section (c) would, among other things, clarify that a plan dards for enrollee rights to all managed care plans. must have a procedure that allows for coverage of these Section 9.77 is a collection of personal rights provided prescriptions, and not merely a procedure for writing enrollees by statutory and common law and regulation. them. This new section would require plans to develop proce- The Department is also proposing, in subsection (b), to dures to implement enrollee rights and responsibilities. require that any refusal to permit an exception to the The Department is also proposing that a plan address the plan’s formulary requirement would be handled by the disclosure requirements in section 2136 of Article XXI (40 plan as a grievance under Act 68. The Department is P. S. § 991.2136). proposing this requirement because any decision not to Section 9.677. Requirements of definitions of medical ne- provide a drug that is not on the formulary would be cessity. based on a determination that there is a prescription This section would deal with new subject matter. Based drug on the formulary that would be appropriate, and, on information provided to the Department by various therefore, would come within Act 68’s definition of griev- work groups involved in the examination of the HMO ance. See 40 P. S. § 991.2102. Subsection (b) would regulations, it became clear that plans use differing require that a plan respond to an enrollee’s written definitions of medical necessity in various documents inquiry concerning whether a specific drug is on the related to operations of the plan. The Department is formulary within 30 days of the receipt of the inquiry, proposing language requiring that all definitions of ‘‘med- and that the plan’s response be in writing. This would aid ical necessity’’ would be the same to ensure uniformity the enrollee to prepare and timely file a grievance. and consistency of decision making concerning coverage Section 9.674. Quality assurance standards. and exclusions. This section would revise and replace § 9.74 of the Section 9.678. Primary care providers. HMO regulations (relating to quality assurance systems), This proposed section would be based upon the defini- and extend it to all plans covered by Act 68. The proposed tions in Act 68 relating to primary care providers. The revisions would more closely match the quality assurance Department has a similar requirement in § 9.75(c) of the standards of Nationally recognized accrediting bodies HMO regulations (relating to assurance of access to care) than the provisions of § 9.74. The Department is propos- that an HMO must make a primary care physician who is ing standards for a plan’s quality assurance program, to supervise and coordinate the health care of the sub- which are intended to be a counterweight to the potential scriber available to each subscriber. This section would for underservice and undertreatment which exists in a establish minimum criteria for availability of a primary managed care system. Managed care restricts access and care provider to ensure that the provider would be able to availability of enrollees to a plan-selected network of fulfill responsibilities as a gatekeeper for the managed health care providers. Financial mechanisms used in care plan. Failure of a primary care provider to perform managed care (for example, capitation) potentially are adequately could seriously weaken the ability of the incentives for underservice and underutilization resulting managed care plan to ensure access and availability of in poor quality service. The Department, because of its services. responsibilities under the HMO Act, Act 68 and the PPO Act, has an obligation to set standards for the mechanism Subsections (c) and (d) would allow a plan to consider, by which the plan is to monitor itself for the effectiveness as a primary care provider, both a physician in a

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 PROPOSED RULEMAKING 6415 nonprimary care specialty and a certified registered nurse tively in regulation, the Department proposes to refer the practitioner, if those individuals meet certain standards, matter to the plan’s committee of experts, the quality including the plan’s certification requirements. assurance committee. Subsection (f) would require plans to have in place Section 9.683. Standing referrals or specialists as primary policies and procedures allowing an individual to change care providers. a primary care provider. This section would deal with new subject matter, and Section 9.679. Access requirements in service areas. would be based on section 2111(6) of Article XXI. Section 2111(6) of Article XXI allows an enrollee with a life This section would deal with new subject matter. This threatening, degenerative or disabling disease or condi- section would require a plan to have adequate and tion to request and receive an evaluation and, if the accessible provider networks by service area before enroll- plan’s established standards are met, receive either a ment could be undertaken in those areas. Subsection (c) standing referral to a specialist with clinical expertise in would require a plan to maintain an adequate number the area in question, or the designation of a specialist as and range of health care providers by specialty and the primary care provider. As in proposed § 9.682 (relat- service area to ensure that enrollees would have adequate ing to direct access for obstetrical and gynecological care), access to and availability of health care services in each subsection (b)(1) would require the plan to develop poli- area covered by the plan. Subsection (d) would require a cies, procedures and clinical criteria for conducting evalu- plan to report a change in a service area significant ations and submit them to its quality assurance commit- enough to affect a substantial number of enrollees in that tee. In this way, the Department would avoid attempting area. The Department is proposing it be notified upon an to regulate clinical criteria, which could quickly become alteration which would affect 10% of enrollees in the obsolete. The Department also proposes subsection (c) to service area, 10% being a change significant enough to require that the plan assess these standards annually to cause collapse of a delivery system or to stress the monitor the effectiveness of the polices and procedures, as delivery system to the point when services are not well as the quality of the resultant services provided. adequately available. Subsection (e) would require services to be available to enrollees within 20 minutes or 20 Further, the Department proposes to make a denial of miles in urban areas and 30 minutes or 30 miles in rural the decision to authorize an arrangement a grievance, in areas. These times and distances would reflect Federal accordance with the definition of grievance in Act 68. See Health Care Financing Administration (HCFA) require- 40 P. S. § 991.2102. Therefore, in subsection (b)(6) and (7) ments for access. the Department would require that the plan issue its decision on the request in writing within 45 days and Section 9.680. Access for persons with disabilities. include information about the right to appeal the matter This proposed section would be new, and would be as a grievance in the decision. taken directly from section 2111(11) of Article XXI. Section 9.684. Continuity of care. Section 9.681. Health care providers. This section would deal with new subject matter and be This section would replace and revise § 9.75(b), (c) and based upon section 2117 of Article XXI (40 P. S. (e) of the HMO regulations (relating to assurance of § 991.2117). Section 2117 of Article XXI sets out condi- access to care). Subsection (a) would require a plan to tions in three circumstances under which a plan must have a provider directory and distribute it to enrollees. allow for an enrollee to continue with a provider: (1) when The Department proposes subsection (b) to ensure that an the provider has been terminated by the plan, but has not enrollee would be informed that a plan cannot guarantee been terminated by the plan for cause (see 40 P. S. continued access to a particular health care provider. § 991.2117(a)); (2) when the enrollee is entering into a Subsection (d), which would require a plan to have plan in which the provider does not participate (see 40 written procedures governing the accessibility and avail- P. S. § 991.2117(d)); and (3) when the new enrollee is ability of the enumerated health care services, would pregnant. Id. replace § 9.75(e), although the Department proposes to Subsection (a)(3) and (4) would facilitate implementa- make that requirement applicable to all managed care tion of section 2117 of Article XXI by requiring the plan to plans. Subsection (c), which would be a simplification of notify the enrollees it is able to identify through available the requirements in § 9.75(d), would require a plan to data and, in that notification, provide the enrollee with provide coverage for health care services provided by written notice of how to exercise the option to continue nonparticipating health care providers according to the care for a transitional period. These requirements would same terms and conditions as participating providers ensure that the enrollee is aware of the option as when there are no participating health care providers required by the act, and that the plan is aware of the that are capable of performing the service. This subsec- enrollee’s intention to exercise his option under the act. tion would prevent an enrollee from incurring out-of- pocket costs because the plan does not have an adequate Subsection (b) would require a new enrollee to notify network. the plan of the enrollee’s intention to continue with a nonparticipating provider. Since the plan has the option Section 9.682. Direct access for obstetrical and gynecologi- under Act 68 to require nonparticipating providers to cal care. meet the same terms and conditions as participating This section would deal with new subject matter, and providers, this notification requirement would provide the would be based on section 2111(7) of Article XXI. Subsec- plan with the opportunity to negotiate terms. In addition, tion (d) would implement the requirements of direct however, subsections (g) and (h) would require the plan to access for obstetrical and gynecological care by requiring give a nonparticipating provider notice of its terms and the plan’s quality assurance committee to approve the conditions at the earliest possible opportunity, and to terms and conditions under which a directly accessed ascertain a terminated provider’s willingness to continue provider could provide services without prior plan ap- with services prior to termination. proval. Given the difficulty of defining clinical terms such The Department has concerns over the possibility that as, ‘‘routine gynecological care’’ adequately and exhaus- a plan could continue to negotiate with a provider

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6416 PROPOSED RULEMAKING throughout the 60-day transition period accorded to the grieve the matter, but makes a determination during the enrollee by Act 68. If this were the case, since Act 68 process that the matter is no longer cost effective for it to provides that a plan may require a nonparticipating pursue. The grievance issue, however, may still represent provider to meet the same terms and conditions as a significant out-of-pocket expense to the enrollee. The participating provider, an enrollee continuing on with the Department is not proposing to allow the enrollee to ongoing course of treatment could find the plan ending begin the grievance at the initial review, however. Subsec- negotiations and, therefore, not required to cover the tion (h) would allow an enrollee to take over the griev- services. To protect enrollees in this situation, subsection ance at the point the provider chose to discontinue it. (i) would require that the plan hold the enrollee harmless This provision would protect the interests of both parties, during the period of negotiations with the nonparticipat- and would not be detrimental to the managed care plan. ing provider, until the plan notifies the enrollee that the The Department is also concerned with billing aspects nonparticipating provider would not agree to its terms. of the provider grievance. Subsections (c) and (d) would Subchapter I. Complaints and Grievances prohibit the provider from billing the enrollee until there Section 9.701. Applicability. is an outcome to the grievance. Allowing the provider to bill the enrollee prior to the outcome could result in a This subchapter applies to the review and appeal of double recovery for the provider, or could cause the complaints and grievances. This subchapter would be enrollee to expend time and money affirmatively seeking based upon the requirements of Act 68 relating to com- a refund from that provider. plaints and grievances. See 40 P. S. §§ 2141, 2142, 2161 Finally, subsection (f) would require the provider to and 2162. The Department derives its authority to ap- clearly disclose to the enrollee the consequences of the prove the complaint and grievance process from Act 68, enrollee consenting to the provider filing a grievance, and the HMO Act and the PPO Act. The HMO Act requires an subsection (g) would require the consent form used by the HMO to have a grievance resolution process acceptable to plan to inform the enrollee of the right to rescind consent. the Secretary. See 40 P. S. § 1560(e). The PPO Act requires the Department of Insurance to consult with the Section 9.704. Internal complaint process. Department to determine whether arrangements and This section would deal with new subject matter. Its provisions for a PPO which assumes financial risk which requirements would be similar to those contained in may lead to under-treatment or poor quality care are section 2141 of Article XXI (40 P. S. § 991.2141). To adequately addressed by a formal grievance system. See ensure the fundamental fairness of the complaint review 40 P. S. § 764a(e). This subchapter would replace, in its process, subsection (c)(1)(i) would require that the first entirety, the requirements in § 9.73 of the HMO regula- level complaint review be made up of persons not in- tions (relating to subscriber grievance systems) with new volved in the initial decision. In the interests of funda- provisions required by Act 68. This section would clarify mental fairness, subsection (c)(2)(ii) would require that that. the plan, during the second level review, provide reason- Section 9.702. Complaints and grievances. able flexibility in terms of the enrollee’s time and travel distance when scheduling a second level review. The This section would deal with new subject matter. Department is also proposing that the plan provide the Subsection (a) would require a plan to provide copies of enrollee the opportunity to communicate with the review its complaint and grievance procedures to the Depart- committee if the enrollee cannot attend. Finally, subsec- ment for review prior to implementation. Subsection (b) tion (c)(2)(ii)(A) and (C) would require that the plan would require the plan to correct noncompliant proce- identify all persons present at the review for the enrollee. dures at the Department’s direction. Because the plan is Subsection (c)(2)(iv) would require that the deliberations given the ability by Act 68 to classify a matter as either a of the committee, including the enrollee’s comments, complaint or grievance, the possibility exists that the plan either be transcribed verbatim or summarized, and for- could classify a matter in such a way as to confer an warded to the Department as part of the complaint advantage on itself. Subsection (c) would permit either record. Subsection (c)(2)(vii) would specify what is to be the Insurance Department or the Department to become included in the Act 68 notice to be sent to the enrollee. involved at the classification stage to prevent this prob- This information would be necessary for the individual to lem from arising. make a valid appeal to the Department. The Department Subsection (d) would allow a plan to set up its own is proposing that the plan be required to send the notice time frames in which the initial grievance must be filed. of the second level decision to the enrollee by a method The Department is proposing to require a plan to allow which would permit the plan to document the enrollee’s an enrollee or a health care provider filing a grievance receipt of the decision. This would enable the Department with the consent of the enrollee to have the same amount to fulfill its responsibilities under section 2142 of Article of time to file first and second level complaints and XXI (40 P. S. § 991.2142) by determining whether the grievances as a plan is given by the act to consider them. enrollee has appealed within 15 days of receipt of the Section 9.703. Health care provider initiated grievances. decision. Section 9.705. Appeal of a complaint decision. This section would deal with new subject matter. Act 68 allows for provider initiated grievances with the written This section would deal with new subject matter, and consent of the enrollee. See 40 P. S. § 991.2161(a). Sub- would include substantially the same information as section (b) would protect the enrollee from coercion by not contained in section 2142 of Article XXI. Subsection (b) allowing the provider to require consent as a condition of would require that an enrollee provide to it certain service. Subsection (c) would require that once a provider information along with the appeal, for example, the name assumes responsibility for a grievance, the provider must of the plan and a description of the issue involved. continue to prosecute the grievance through the second Because Act 68 provides authority over complaints to level review. Subsection (h) would allow the enrollee to both the Insurance Department and the Department, the rescind his consent at any time. Through these subsec- Department is proposing in subsection (f) that both tions, the Department would attempt to protect the agencies jointly determine which agency will hear the enrollee from the provider that initially is willing to appeal.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 PROPOSED RULEMAKING 6417

Lastly, it should be noted that the proposed regulations plan establish an external grievance review process, in on the complaint appeal would provide for an appeal to which the Department participates by the appointment of the Department. The proposed regulations would not a CRE to perform the review. See generally 40 P. S. require that the Department provide the enrollee or the § 991.2162. Subsection (b)(4) would implement this re- plan an administrative hearing. Subsection (g) would quirement by requiring the plan to provide the Depart- provide that, if either department believes that a hearing ment with two contacts with whom the Department may is necessary to the resolution of the appeal, it would be communicate. Subsection (b)(5) would require that a able to require and conduct a hearing. request for external review contain a certain set of Section 9.706. Enrollee and provider grievance system. minimum information to aid in the assignment of the CRE and the oversight of the external grievance. This section would deal with new subject matter. Its requirements would be similar to those contained in Subsection (b)(7) would require that the plan provide section 2161 of Article XXI (40 P. S. § 991.2161). To the enrollee or health care provider with its description of ensure the fundamental fairness of the process, subsec- the issue, the remedy it believes the enrollee or health tion (c)(2)(ii) would impose similar requirements on the care provider is seeking, and list of documents which it is second level grievance review as it is proposing for the to forward to the CRE. This information would be second level complaint review. Act 68 requires that the provided the enrollee within 15 days of the plan’s receipt enrollee be afforded notice of the right to be present in of the enrollee’s or health care provider’s request for an the second level review committee meeting of both the external grievance review. The Department proposes to complaint and the grievance process. Compare 40 P. S. require this exchange of information so that the enrollee § 991.2141(c)(2) with 40 P. S. § 991.2161(c)(2). Subsection or health care provider would know what information the (c)(2)(ii)(A)—(C) would require that the plan provide plan has provided to the CRE, and would be able to reasonable flexibility in terms of the enrollee’s time and determine whether additional information is necessary. travel distance when scheduling the second level review, The Department proposes this section in the interests of a that it provide the enrollee the opportunity to communi- full and fair resolution of the grievance without requiring cate with the review committee if he cannot attend, and the CRE to sift through duplicate documentation provided that it identify all persons present at the review for the both by the plan and the enrollee or health care provider. enrollee. Subsection (c)(2)(iii) would require that the Subsection (g) would allow the parties the ability to deliberations of the committee, including the enrollee’s challenge the appointment of a CRE based on conflict of comments, either be transcribed verbatim or summarized, interest. The parties would be able to object to the and forwarded to the CRE as part of the grievance record. appointment until both parties agree on an acceptable The provisions of Act 68 relating to internal grievances CRE. Objection on the part of a plan to a CRE would not differ from those relating to internal complaints in a alleviate the proposed requirement that, or alter the time significant way, however. Act 68 requires inclusion in the frames within which, the plan would be required to first and second level grievance review of a licensed provide information to the enrollee. The Department’s physician or, where appropriate, an approved licensed objective in proposing to allow objections to the appoint- psychologist, in a same or similar specialty that typically ment is to ensure that all parties agree that the services manages or consults on the health care service in the first have been reviewed in an unbiased manner. The Depart- and second level grievance review. See 40 P. S. ment sees no benefit to having one party or the other § 991.2161(d). To ensure that a plan would be able to believe a bias existed in the procedure. This would taint obtain input of specialists most closely matched to the the outcome of the review and be more likely to force the service in question, taking into account the calls on the matter to litigation. specialist’s time and practice, the Department has not Subsections (c) and (d) would provide for the Depart- read the term ‘‘include’’ to require the physical presence of ment to provide to the plan the name, address and the licensed physician or approved licensed psychologist telephone number of the appointed CRE. The plan would referenced in section 2161(d) of Article XXI. Therefore, provide this information to the enrollee or health care subsection (c)(3)(ii) proposes to allow this individual to be provider. Subsection (e) allows either party, if they desire included in the review, discussion and decisionmaking by additional information, to request from the Department written report, telephone or video conference. additional information from the CRE application. This If the licensed physician or approved licensed psycholo- would provide both parties with sufficient information gist would not be physically present, however, the Depart- with which to determine whether challenge of the ap- ment is proposing in subsection (c)(3)(iii) to require the pointment is necessary. plan to provide that individual’s report to the enrollee or health care provider in advance of the hearing, if the Subsection (f) would allow a plan to select a CRE if the enrollee or health care provider requests the opinion in Department is unable to do so within 2 business days of writing. The Department feels strongly that, to present its receipt of the request. This would avoid inadvertent the most comprehensive case, that the enrollee or the delay in the system. The enrollee would still be able to health care provider should be provided the opinion of the object to the plan’s choice. licensed physician or approved licensed psychologist prior Section 9.708. Grievance reviews by CRE. to the date of the review. The Department is also proposing in subsection (c)(3)(iii) that the plan notify the This section would deal with new subject matter. It enrollee or health care provider in advance of the review would be base on the requirements for CRE review of an date of the fact that the licensed physician or approved external grievance in section 2162(c)(2)—(5) of Article licensed psychologist will not be physically present, and XXI. Subsections (a) and (b) would set out the time frame that that individual’s report may be obtained in advance for the CRE decision, to whom the decision is to be sent, of the review. the basis and clinical rationale for the decision and the standard of review. These two proposed subsections would Section 9.707. External grievance process. be based upon language included in section 2162(c)(5) of This section would deal with new subject matter. It Article XXI. Subsection (c), which would set out informa- would help implement the requirement in Act 68 that a tion that the CRE is required to consider, would be based

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6418 PROPOSED RULEMAKING upon section 2162(c)(2) and (3) of Article XXI. Subsection care providers. The Department is proposing this (d), which would set requirements for who can make the subchapter, relating to health care provider contracts, decision on the CRE’s behalf, is taken from section under its authority to promulgate regulations relating to 2162(c)(4) of Article XXI. contractual relationships between the managed care plan Subsection (e) would reiterate the applicable definition and health care providers under Act 68, the HMO Act and of ‘‘emergency services’’ which is to be used in reviewing the PPO Act. Section 2111(1) of Article XXI requires a the grievance decision. managed care plan to assure availability and access of adequate health care providers to enable enrollees to Section 9.709. Expedited review. have access to quality and continuity of care. Section 8(a) This section would deal with new subject matter. Act 68 of the HMO Act (40 P. S. § 1558(a)) gives the Secretary creates an expedited process for any enrollee whose life, the authority to require renegotiation of provider con- health or ability to regain maximum function would be tracts when they require excessive payments, fail to would be placed in jeopardy by the delay occasioned by include reasonable incentives or contribute to cost escala- the normal review process. See 40 P. S. § 991.2161(e). tion. Subsections (a)—(d) would allow an enrollee to have The PPO Act also requires that the Insurance Depart- access to an expedited review process at any time these ment consult with the Department in determining extreme circumstances arise, regardless of whether the whether arrangements and provisions for a PPO which appeal would be classified as a complaint or grievance, or assumes financial risk which may lead to under- whether the review is an internal or external one. treatment or poor quality care are adequately addressed Further, because of the intent to provide a rapid by quality and utilization controls as well as by a formal response due to the extreme circumstances, subsection (i) grievance system. See 40 P. S. § 764a(e). would require the external review agency to issue a rapid The Department’s authority to review and approve IDS response. This would prevent severe and irreparable arrangements comes from these same provisions. harm to the enrollee before the decision can be made. Section 9.722. Plan and health care provider contracts. In the interests of expediting the review, the Depart- ment is taking steps to ensure that its own processes for This section would deal with new subject matter. This appointing CREs do not prohibit the use of an expedited section would inform a plan of what minimum require- system. Under subsection (f), the Department would ments are necessary in a provider contract to make it make available to the plan methods by which a CRE may acceptable to the Department, and to obviate the possibil- be contacted directly by the plan on weekends and State ity that the plan will be required to renegotiate the holidays. document. Subsections (c) and (d) would include a requirement that provisions related to gag clauses are Section 9.710. Approval of plan enrollee complaint and prohibited. Subsection (e) would require certain consumer enrollee and provider grievance systems. protection language, for example, subsection (e)(1) would This section would deal with new subject matter. The require a contract to include enrollee hold harmless Department is proposing to review the enrollee complaint language, before the contract could be approved. Subsec- and grievance systems to ensure these systems meet the tion (e)(7) would require language relating to enrollee approval of the Secretary. notice of plan termination of the provider contract, and language relating to reimbursement which would address Section 9.711. Alternative provider dispute resolution sys- the financial incentives prohibition of Act 68. See 40 P. S. tems. § 991.2112. This section would deal with new subject matter. Prior Section 9.723. IDS. to Act 68, issues involving procedural errors and administrative denials involving the level or type of health care Section 9.724. HMO-IDS provider contract. services provided were handled strictly between the Section 9.725. IDS provider contracts. health care plan and the health care provider. The In 1996, the Department issued a policy statement denials occur daily through the routine operations of the addressing IDS. This policy statement, entitled, ‘‘PHOs, plan. With the passage of Act 68, these denials have been POs, and IDSs—Statement of Policy,’’ (§§ 9.401—9.416), interpreted as grievances by some plans, requiring con- would be replaced by §§ 9.723—9.725 (relating to IDS; sent of the enrollee for the provider to challenge the HMO-IDS provider contract; and IDS-provider contracts). denial. This draws the enrollee into an administrative The Department is proposing to combine certain provi- dispute to which the enrollee had not previously been a sions of that policy statement, and include those provi- party since services would generally already have been sions in these sections as discussed as follows. provided and the enrollee not billed. The Department is attempting to address these issues by proposing this Section 9.723 would require that IDS contracts meet § 9.711. In this section, the Department is proposing to the terms and conditions of provider contracts in proposed allow for alternative dispute resolution procedures, sub- § 9.722. Section 9.723 would require the HMO and its ject to the Department’s approval, (see 40 P. S. contracted IDS to notify the Department of any action § 991.2162(f)), that create mechanisms for routine proce- occurring which would prevent the IDS’s participating dural errors and denials to be addressed by providers and providers from ensuring adequate services. This is in plans without the need for enrollee consent. However, the keeping with the Department’s responsibility to ensure provider may still opt to obtain enrollee consent and file a the accessibility and availability of adequate personnel grievance. and facilities. See 40 P. S. § 1555.1(b)(1)(i). Subchapter J. Health Care Provider Contracts Section 9.724(c)(5) would reinforce the fact that the Section 9.721. Applicability. HMO, as the regulated entity, would be responsible at all times for the services it contracts to have provided. This section would explain that Subchapter J applies to Subsection (c)(6) and (7) would require the IDS to agree contracts between plans and health care providers, be- to be subject to monitoring by both the HMO and the tween HMOs and IDSs, and between IDSs and health Department.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 PROPOSED RULEMAKING 6419

Further, § 9.724 would protect the enrollee who is procedures for ensuring confidentiality and its capacity subject to a relationship. Subsection (c)(3) would prohibit for maintaining written records for a 3-year period. the delay, reduction, denial or hindrance in any way of Subsection (c)(5)(viii) and (ix) would also require the the provision of covered services to enrollees because of applicant to provide information relating to its experi- the contractual relationship between the IDS and the ence, including the length of time it has operated in the HMO. Subsection (c)(13) would require termination provi- Commonwealth, if applicable, and a list of three clients sions that would be consistent with, and would enable for whom the applicant has performed UR. enrollees to obtain the benefits of, the continuity of care The Department wants the application to provide it requirements of Act 68. See 40 P. S. § 991.2117. with sufficient information to ensure the applicant is Section 9.725 would ensure that the contracts between capable of providing the services in accordance with Act the IDS and its providers make clear the chain of 68. responsibility. This section would require language in the Further, section 2151(c) of Article XXI permits the HMO—provider contracts that would ensure that all 3 Department to adopt the standards for certification of parties, the provider, the IDS and the plan, would agree CREs of a Nationally recognized accrediting body to the and concur that the HMO would have the ultimate extent the standards meet and exceed the standards set responsibility. Further, the language would make clear forth in Act 68. Subsection (c)(5)(vii) would require an that the Department would have the authority to review entity seeking certification to provide evidence of this all 3 entities as it would the operations of HMO. Section accreditation if the applicant has undergone the accredi- 9.725 would prohibit language in the contract that would tation. prevent the Department or the HMO from carrying out its functions and duties. Finally, paragraph (4) would Section 9.744. CREs participating in internal and exter- require the inclusion in the contract of enrollee hold nal grievance reviews. harmless language protecting enrollees from unexpected This section would deal with new subject matter. The out-of-pocket costs. Department is proposing to set additional requirements Subchapter K. CREs for a CRE wishing to participate in external grievance reviews as contemplated by Act 68. See 40 P. S. Section 9.741. Applicability. § 991.2162. Since this entity may have to participate in This section would explain that this subchapter applies expedited reviews, subsection (a)(4) would provide addi- to entities seeking certification to practice as CREs in tional information relevant to its ability to conduct an this Commonwealth. This section also applies to licensed external review. insurers for a limited purpose. Sections 2151 and 2152 of Section 9.745. Responsible applicant. Article XXI give the Department the authority to set standards for and approve certification of CREs. This section would deal with new subject matter. This section would require an applicant to be a responsible Section 9.742. CREs. person. Subsection (a) would define what this term would This section would deal with new subject matter. It require. Subsection (b) would require the applicant to be would reflect the requirements of Act 68 regarding the able to utilize the appropriate standard of review in certification of CREs. See 40 P. S. § 991.2151. Subsection performing reviews, and would further require the appli- (c) would also clarify that licensed insurers and managed cant to be unbiased in its review. care plans with certificates of authority may perform UR Section 9.746. Fees for certification and recertification of in accordance with the requirements of Act 68, but that it CREs. need not obtain a certification from the Department to do so. This section would deal with new subject matter. The Department has the authority to establish fees for certifi- Section 9.743. Content of an application for certification cation and recertification applications under section as a CREs. 2151(d) of Article XXI. Subsection (a) would require a fee This section would deal with new subject matter. It of $1,000 for the initial application for an entity seeking would establish requirements for the certification applica- to perform internal URs, and an additional $1,000 for any tion of an entity seeing to perform UR within this entity seeking to perform external reviews as well. Sub- Commonwealth. Among other things, subsection (c) would section (b) would require a fee of $500 for any recertifica- require the applicant to submit information concerning its tion application. These fees would be commensurate with organization, structure and function, including informa- the amount of administrative time and resources required tion concerning location, officers, directors and senior to review and verify the information in the application management, and a list of the plans in this Common- (including site visits) and to periodically monitor compli- wealth for whom the entity currently performs UR. The ance with the standards. Department is proposing to have this information pro- Section 9.747. Department review and approval of a certi- vided because the Department will need to communicate fication request. with these organizations during external reviews. Also, the Department will need information to prevent conflict This section would deal with new subject matter. This of interest situations from arising when it appoints CREs section would clarify the Department’s authority to obtain to undertake external reviews. additional information, inspect the books and records of the applicant and to perform site visits as it finds This section would also require the applicant to de- necessary to determine the applicant’s compliance with scribe how it would be able to meet the terms and Act 68 and the regulations. In lieu of a site visit by the conditions in section 2152 of Article XXI. For example, Department, subsection (b) would permit the applicant to subsection (c)(5)(i)—(iv) and (vi) would require the appli- provide evidence of accreditation by a Nationally recog- cant to describe its ability to respond to telephone calls nized accrediting body whose standards meet or exceed within the period of time set out in the act, its reviewer the standards of Act 68. If the applicant is not accredited, credentialing process, its ability to arrange for a wide subsection (c) provides the applicant with the option to range of health care providers to conduct the reviews, its undergo a site inspection by a Nationally recognized

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6420 PROPOSED RULEMAKING accrediting body whose standards meet or exceed the experience some increase in health care costs due to the standards of Act 68. The cost of a site visit would be statutory requirements, and the concurrent increase in borne by the applicant. monitoring of those plans by the Department and the Section 9.748. Maintenance and renewal of CRE certifi- Department of Insurance. cation. The replacement and revision of the current regulations in Chapter 9 would create no additional cost to the This section would deal with new subject matter. It Commonwealth, since these revisions are intended to would allow the Department to monitor a CRE during the reflect the current operations of the Department. There 3-year certification period to ensure compliance with Act will be no additional cost to the Commonwealth, however, 68 and proposed regulations, and for purposes of renewal there may be additional monitoring duties placed on the of certification. Subsection (a) would provide for monitor- Department by Act 68. Those duties are reflected in ing in several ways: periodic onsite inspections, proof of provisions of the proposed regulations relating to health the CRE’s continuing accreditation by a Nationally recog- care accountability and access, complaints and griev- nized accrediting body whose standards meet or exceed ances, provider contracts, accreditation of CREs and the standards of Act 68 or an onsite inspection by an credentialing. accrediting body. The proposed regulations relating to HMOs should not Subsection (b) would require the CRE to submit a have a significant fiscal impact upon HMOs since compre- renewal application to the Department 60 days prior to hensive revision and updating of the HMO regulations the end of the 3-year certification period. The renewal should make compliance with those regulations easier. application would include evidence of the CRE’s continued With respect to the requirements of Act 68, which the accreditation by a Nationally recognized accrediting body Department proposes to implement through its proposed whose standards meet or exceed the standards of Act 68, regulations, there may be some increased cost to managed a certification that the CRE has complied with and will care plans. The proposed regulations and Act 68 would continue to comply with Act 68 and the regulations and require a certain composition of review committees, which an updating of the CRE’s originally filed list of conflicts of may add to the cost of the review. The additional interest and list of CRE contracts with plans. The disclosure requirements of Act 68 may also have a fiscal Department could perform the onsite inspection, or the impact upon managed care plans, including HMOs. CRE could opt to have the onsite inspection done by a Nationally recognized accrediting body. The proposed regulations would also create a fiscal impact on entities wishing to be certified as CREs. Act 68 Subchapter L. Credentialing authorizes the Department to adopt an application fee for Section 9.761. Provider credentialing. entities requesting certification. The Department is proposing to do so in its proposed regulations. This certifica- This section would deal with new subject matter. It tion requirement would not apply either to licensed would contain standards that would be modeled after insurers wishing to perform this function, or managed standards utilized by a Nationally recognized accrediting care entities with certificates of authority. body. The proposed standards would create a process by which a plan may critically evaluate credentials of new B. Paperwork health care providers, and reevaluate the credentials and There would be changes in paperwork requirements performance of currently contracted health care providers. associated with the proposed regulations. While the pro- Because managed care plans limit access to plan-selected posed regulations relating solely to HMOs would not alter and credentialed health care providers, these standards paperwork requirements for those entities to obtain and would ensure that the plan has an objective process by maintain certificates of authority, the proposed regula- which it establishes and monitors its health care provider tions intended to implement Article XXI would require network. This further would ensure the provision of submission of documents from entities not previously quality health care services to enrollees. regulated. These requirements would impact the Depart- ment, which would be required to review additional Affected Parties contracts and grievance and complaint procedures sub- The proposed regulations would affect HMOs certified mitted by managed care plans, and requests for certifica- to do business in this Commonwealth; managed care tion from CREs. The Department would also coordinate plans as defined by Act 68; including certified HMOs, and the external review procedure in Act 68, which would enrollees served by and providers who participate in require the Department to appoint and oversee the these managed care plans. The proposed regulations operations of the CRE conducting the review. would also affect entities, which conduct or want to There may be additional paperwork for managed care conduct internal or external URs, since Act 68 requires plans that are not HMOs, since they would be required these CREs to be certified by the Department. Licensed for the first time to submit complaint and grievance insurers would also be affected by proposed § 9.742. procedures and data to the Department. HMOs are Licensed insurers and managed care plans with certifi- required by current regulations to make these submis- cates of authority performing UR are required to comply sions. Act 68 itself creates additional paperwork, since the with section 2152 of Article XXI. See 40 P. S. plans must comply with the mandated complaint and § 991.2151(e). Licensed insurers and managed care plans grievance systems detailed in that act. Depending upon with certificates of authority are not required to seek how plans operated their grievance systems prior to Act certification. 68, that act and the Department’s proposed regulations Cost and Paperwork Estimates could require additional paperwork of the plans. Further, again depending upon how managed care plans operated A. Cost prior to Act 68, that act’s requirement that certain The proposed regulations would have no measurable disclosures be made to enrollees could result in an fiscal impact on local governments or the general public. increase in paperwork. The members of the general public enrolled in managed Act 68 also creates additional paperwork for CREs. care plans governed by the regulations may ultimately Under Act 68, CREs are required to obtain certification

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 PROPOSED RULEMAKING 6421 from the Department to perform utilization reviews of plan’’ in 40 P. S. § 991.2102. Act 68 also regulates CREs health care services delivered or proposed to be delivered operating or wishing to operate in this Commonwealth. in this Commonwealth. Prior to the passage of Act 68, See 40 P. S. §§ 991.2151 and 991.2152. The Department this requirement did not exist. has authority to enforce compliance with Article XXI Act 68 and the proposed regulations might also create under section 2181(d) of Article XXI (40 P. S. some different or additional paperwork for those members § 991.2181(d)), and to impose fines, obtain injunctions, of the general public who obtain health care through require plans of correction and ban enrollment under managed care plans covered by Act 68. Depending upon section 2182 of Article XXI (40 P. S. § 991.2182). the dispute resolution system established by plans prior Section 2102(g) of The Administrative Code of 1929 (71 to Act 68, there might be alterations in the manner in P. S. § 532(g)) provides the Department with general which an enrollee must utilize these procedures. authority to promulgate its regulations. Effective Dates/Sunset Date The Department also has authority to review and The proposed regulations will become effective upon approve grievance resolution systems and to require publication of final-form regulations in the Pennsylvania quality and utilization controls of certain PPOs under the Bulletin. No sunset date has been established. The De- PPO Act. Section 630 of The Insurance Company Law of partment will continually review and monitor the effec- 1921 requires that the Insurance Department consult tiveness of these regulations. with the Department in determining whether arrange- Statutory Authority ments and provisions for a PPO which assumes financial risk which may lead to undertreatment or poor quality The Department’s authority to promulgate these pro- care are adequately addressed by quality and utilization posed regulations is based upon three statutes: the HMO controls as well as by a formal grievance system. Act (40 P. S. §§ 1551—1567); section 630 of The Insur- ance Company Law of 1921, known as the PPO Act (40 Regulatory Review P. S. § 764a(e)); and Act 68. Under section 5(a) of the Regulatory Review Act (71 The Department has authority to promulgate regula- P. S. § 745.5(a)), on December 8, 1999, the Department tions relating to the certification and operations of HMOs submitted a copy of this proposed rulemaking to the under section 14 of the HMO Act (40 P. S. § 1564). Independent Regulatory Review Commission (IRRC) and Section 5.1(a) of the HMO Act provides the Department to the Chairpersons of the House Health and Human with the authority to determine what information to Services Committee and the Senate Public Health and require in a corporation’s application for certification as Welfare Committee. In addition to submitting the pro- an HMO. Section 5.1(b)(1)(i) of the HMO Act provides the posed rulemaking, the Department has provided IRRC Department with authority to determine whether an and the Committees with a copy of a Regulatory Analysis HMO has demonstrated potential ability to assure both Form prepared by the Department in compliance with availability and accessibility of adequate personnel and Executive Order 1996-1, ‘‘Regulatory Review and Promul- facilities in manner enhancing availability, accessibility gation.’’ A copy of this material is available to the public and continuity of services. Section 5.1(b)(1)(ii) of the HMO upon request. Act provides the Department with authority to determine whether an HMO has demonstrated it has arrangements If IRRC has objections to any portion of the proposed for an ongoing quality of health care assurance program. rulemaking, it will notify the Department by February Section 5.1(b)(1)(iii) of the HMO Act provides the Depart- 17, 2000. The notifications shall specify the regulatory ment with authority to determine whether an HMO has review criteria, which have not been met by that portion. appropriate mechanisms to effectively provide or arrange The Regulatory Review Act specifies detailed procedures for provision of basic health care services on a prepaid for review, prior to final publication of the regulation by basis. Section 8(a) of the HMO Act (40 P. S. § 1558(a)) the Department, the General Assembly and the Governor, allows the Secretary to require renegotiation of provider of objections raised. contracts when those contracts provide for excessive payments, fail to include reasonable incentives or contrib- Contact Person ute to escalation of costs of health care services to Interested persons are invited to submit written com- enrollees. Section 8(a) of the HMO Act also permits the ments, suggestions or objections regarding the proposed Secretary to require renegotiation when determined that regulations to Stacy Mitchell, Director, Bureau of Man- the contracts are inconsistent with the purposes of the aged Care, Pennsylvania Department of Health, P. O. Box HMO Act. Section 10(e) of the HMO Act (40 P. S. 90, Harrisburg, PA 17108-0090 (717) 787-5193, within 30 § 1560(e)) requires that an HMO establish and maintain days after publication of this proposed rulemaking in the a grievance resolution system satisfactory to the Secre- Pennsylvania Bulletin. Persons with a disability who wish tary. Section 11(c) of the HMO Act (40 P. S. § 1561(c)) to submit comments, suggestions or objections regarding provides the Secretary and his agents with free access to the proposed rulemaking to Ms. Mitchell may do so in an all books, records, papers and documents that relate to alternative format (such as, audio tape, Braille) or by the nonfinancial business of the HMO. Finally, section 15 using V/TT (717) 783-6514 for speech or hearing impaired of the HMO Act (40 P. S. § 1565) provides the Depart- persons or the Pennsylvania AT&T Relay Service at (800) ment with the authority to suspend or revoke an HMO’s 654-5984[TT]. Persons who require an alternative format certificate of authority, or to fine the HMO for violations of this document may contact Ms. Mitchell at the above of the HMO Act. address or telephone numbers so that necessary arrange- The Department has authority to promulgate regula- ments may be made. tions relating to the health care accountability and ROBERT S. ZIMMERMAN, Jr., protection provisions of Act 68 under section 2181(e) of Secretary Article XXI (40 P. S. § 991.2181(e)). Act 68 governs managed care plans, which include, by definition, HMOs Fiscal Note: 10-160. No fiscal impact; (8) recommends and gatekeeper PPOs. See the definition of ‘‘managed care adoption.

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Annex A Act—The Insurance Company Law of 1921 (40 P. S. TITLE 28. HEALTH AND SAFETY §§ 361—991.2361). PART I. GENERAL HEALTH Act 68—The act of June 17, 1998 (P. L. 464, No. 68) (40 P. S. §§ 991.2001—991.2361) which added Articles XX CHAPTER 9. MANAGED CARE ORGANIZATIONS and XXI of the act. Subchapter A. (Reserved) Ancillary service plan— (Editor’s Note: Sections 9.1, 9.2, 9.31, 9.32, 9.51—9.55, (i) An individual or group health insurance plan, sub- 9.71—9.77 and 9.91—9.97 as they appear in 28 Pa. Code scriber contract or certificate, that provides exclusive pages 9-2 to 9-18, serial pages (248720), (229397) to coverage for dental services or vision services. (229399), (213093) to (213096), (248721) to (248722), (213099) to (213104) and (239541) to (239542) are pro- (ii) The term also includes Medicare Supplement Poli- posed to be deleted in their entirety.) cies subject to section 1882 of the Social Security Act (42 § 9.1. (Reserved). U.S.C.A. § 1395ss) and the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) supple- § 9.2. (Reserved). ment. § 9.31. (Reserved). Ancillary services—A health care service that is not § 9.32. (Reserved). directly available to enrollees but is provided as a conse- quence of another covered health care service, such as §§ 9.51—9.55. (Reserved). radiology, pathology, laboratory and anesthesiology. §§ 9.71—9.77. (Reserved). Article XXI—Sections 2101—2193 of the act (40 P. S. §§ 9.91—9.97. (Reserved). §§ 991.2101—991.2193) relating to health care account- Subchapter D. (Reserved) ability and protection. (Editor’s Note: Sections 9.401—9.415 as they appear at Basic health services—The health care services in 28 Pa. Code pages 9-41 to 9-53, serial pages (213130), § 9.651 (relating to HMO provision and coverage of basic (248723) to (248724), (213133) to (213140) and (248725) health care services to enrollees). as proposed to be deleted in their entirety.) Certificate of authority—The document issued jointly by §§ 9.401—9.416. (Reserved). the Secretary and the Commissioner that permits a Subchapter E. (Reserved) corporation to establish, maintain and operate an HMO. (Editor’s Note: Sections 9.501—9.519 as they appear at CRE—Certified utilization review entity. An entity cer- 28 Pa. Code pages 9-54 to 9-70, serial pages (248726) to tified under this chapter to perform UR on behalf of a (248742).) plan. §§ 9.501—9.519. (Reserved). Commissioner—The Insurance Commissioner of the Commonwealth. Subchapter F. GENERAL Sec. Complaint— 9.601. Applicability. 9.602. Definitions. (i) A dispute or objection by an enrollee regarding a 9.603. Technical advisories. participating health care provider, or the coverage (in- 9.604. Plan reporting requirements. cluding contract exclusions and noncovered benefits), op- 9.605. Department investigations. erations or management policies of a managed care plan, 9.606. Penalties and sanctions. which has not been resolved by the managed care plan § 9.601. Applicability. and has been filed with the plan or the Department or (a) This chapter applies to managed care plans as the Insurance Department. defined by section 2102 of the act (40 P. S. § 991.2102) (ii) The term does not include a grievance. unless expressly stated otherwise. Plans are advised to consult the regulations of the Insurance Department on Department—The Department of Health of the Com- these topics. See 31 Pa. Code Chapters 154 and 301 monwealth. (relating to quality health care accountability and protec- Drug formulary—A listing of a managed care plan’s tion; and health maintenance organizations) to ensure preferred therapeutic drugs. complete compliance with Commonwealth requirements. (b) An entity, including an IDS, subcontracting with a Emergency service— managed care plan to provide services to enrollees shall (i) A health care service provided to an enrollee after meet the requirements of Article XXI of the act and the sudden onset of a medical condition that manifests Subchapters H—L for services provided to those enrollees. itself by acute symptoms of sufficient severity or severe (c) Section 9.742 (relating to CREs) applies to licensed pain so that a prudent layperson who possesses an insurers and managed care plans with certificates of average knowledge of health and medicine could reason- authority. ably expect the absence of immediate medical attention to result in one or more of the following: (d) This chapter does not apply to ancillary service plans. (A) Placing the health of the enrollee or, with respect to a pregnant woman, the health of the woman or her § 9.602. Definitions. unborn child in serious jeopardy. The following words and terms, when used in this (B) Serious impairment to bodily functions. chapter, have the following meanings, unless the context clearly indicates otherwise: (C) Serious dysfunction of any bodily organ or part.

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(ii) Transportation and related emergency care pro- IDS—Integrated delivery system—A partnership, asso- vided by a licensed ambulance service shall constitute an ciation, corporation or other legal entity which does each emergency service if the condition is as described in of the following: subparagraph (i). (i) Enters into a contractual arrangement with a plan. Enrollee—A policyholder, subscriber, covered person, (ii) Employs or contracts with health care providers. member or other individual who is entitled to receive health care services under a managed care plan. (iii) Agrees under its arrangement with the plan to provide or arrange for the provision of covered health care External quality assurance assessment—A review of an services to enrollees. HMO’s ongoing quality assurance program and operations conducted by a nonplan reviewer such as a Department- (iv) Assumes under the arrangement with the plan full approved external quality review organization. or partial responsibility for conducting any or all of the following activities: quality assurance, UR, credentialing, External quality review organization—An entity ap- provider relations or enrollee services. proved by the Department to conduct an external quality Inpatient services—Care at a licensed hospital, skilled assurance assessment of an HMO. nursing or rehabilitation facility, including preadmission Foreign HMO—An HMO incorporated, approved and testing, diagnostic testing performed during an inpatient regulated in a state other than the Commonwealth. stay, nursing care, room and board, durable medical equipment, ancillary services, inpatient drugs, meals and Gatekeeper—A health care provider, managed care plan special diets, use of operating room and related facilities, or agent of a managed care plan, from which an enrollee use of intensive care and cardiac units and related must receive referral or approval for covered health care services. services as a requirement for payment of the highest level of benefits. Licensed insurer—An individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Gatekeeper PPO—A PPO requiring enrollee use of a Lloyds insurer and other legal entity engaged in the gatekeeper from which an enrollee must receive referral business of insurance; fraternal benefit societies as de- or approval for covered health care services as a require- fined in the Fraternal Benefit Societies Code (40 P. S. ment for payment of the highest level of benefits. §§ 1142-101—1142-701), and PPOs as defined in section 630 of the act (40 P. S. § 764a). Grievance— Managed care plan or plan— (i) A request by an enrollee, or a health care provider with the written consent of the enrollee, to have a (i) A health care plan that uses a gatekeeper to: managed care plan or CRE reconsider a decision solely (A) Manage the utilization of health care services. concerning the medical necessity and appropriateness of a health care service. If the managed care plan is unable to (B) Integrate the financing and delivery of health care resolve the matter, a grievance may be filed regarding the services to enrollees by arrangements with health care decision that does one of the following: providers selected to participate on the basis of specific standards. (A) Disapproves full or partial payment for a requested (C) Provide financial incentives for enrollees to use the health service. participating health care providers in accordance with (B) Approves the provision of a requested health care procedures established by the plan. service for a lesser scope or duration than requested. (ii) A managed care plan includes health care arranged (C) Disapproves payment of the provision of a re- through an entity operating under any of the following: quested health care service but approves payment for the (A) Section 630 of the act. provision of an alternative health care service. (B) The HMO Act. (ii) The term does not include a complaint. (C) The Fraternal Benefit Society Code. HMO—Health maintenance organization—An organized (D) 40 Pa.C.S. §§ 6102—6127 which relates to hospital system that combines the delivery and financing of health plan corporations. care and which provides basic health services to voluntar- ily enrolled members for a fixed prepaid fee. (E) 40 Pa.C.S. §§ 6301—6334 which relates to professional health services plan corporations. HMO Act—The Health Maintenance Organization Act (iii) The term includes an entity, including a municipal- (40 P. S. §§ 1551—1568). ity, whether licensed or unlicensed, that contracts with or Health care provider—A licensed hospital or health care functions as a managed care plan to provide health care facility, medical equipment supplier or person who is services to enrollees. licensed, certified or otherwise regulated to provide health (iv) The term does not include ancillary service plans care services under the laws of the Commonwealth, or an indemnity arrangement which is primarily fee for including a physician, podiatrist, optometrist, psycholo- service. gist, physical therapist, certified nurse practitioner, registered nurse, nurse midwife, physician’s assistant, chiro- Medical management—A function that includes any practor, dentist, pharmacist or an individual accredited or aspect of UR, quality assurance, case management and certified to provide behavioral health services. disease management and other activities for the purposes of determining, arranging, monitoring or providing effec- Health care service—A covered treatment, admission, tive and efficient health care services. procedure, medical supply, equipment or other service, including behavioral health, prescribed or otherwise pro- Member—An enrollee. vided or proposed to be provided by a health care provider Outpatient services—Outpatient medical and surgical, to an enrollee under a managed care plan contract. emergency room and ancillary services including ambula-

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6424 PROPOSED RULEMAKING tory surgery and all ancillary services pursuant to ambu- Department in advance of the reporting date, and shall latory surgery, outpatient laboratory, radiology and diag- include, at a minimum, the following information: nostic procedures, emergency room care that does not result in an admission within 24 hours of the delivery of (1) Enrollment and disenrollment data by product emergency room care and other outpatient services cov- line—for example, commercial, Medicare and Medicaid ered by the plan. and by county. Outpatient setting—A physician’s office, outpatient facil- (2) Health care services utilization data. ity, ambulatory surgical facility or a hospital when a (3) Data relating to complaints and grievances. patient is not admitted for inpatient services. (4) A copy of the current enrollee literature, including PCP—Primary care provider—A health care provider subscription agreements, enrollee handbooks and any who, within the scope of the provider’s practice, super- mass communications to enrollees concerning complaint vises, coordinates, prescribes or otherwise provides or and grievance rights and procedures. proposes to provide health care services to an enrollee; initiates enrollee referral for specialist care; and main- (5) A copy of the plan’s current provider directory. tains continuity of enrollee care. (6) A statement of the number of physicians leaving the POS plan—Point-of-service plan— plan and of the number of physicians joining the plan. (i) A health care plan which requires an enrollee to (7) A listing of all IDS arrangements and enrollment by select and utilize a gatekeeper to obtain the highest level each IDS. of benefits with the least amount of out-pocket expense for the enrollee. (8) Copies of the currently utilized generic or standard form health care provider contracts including copies of (ii) A POS plan may be provided by an HMO or by a any deviations from the standard contracts and reim- gatekeeper PPO. bursement methodologies. PPO—A preferred provider organization. (9) A copy of the quality assurance report submitted to Preventive health care services— the plan’s Board of Directors. (i) Services provided by the plan to provide for the (10) A listing, including contacts, addresses and phone prevention, early detection and minimization of the ill numbers, of the contracted CREs that perform UR on effects and causes of disease or disability. behalf of the plan or a contracted IDS. (ii) The services include prenatal and well baby care, (11) Other information which the Department may immunizations and periodic physical examinations. request, upon advance notice to the plan. Provider network—The health care providers desig- (b) Quarterly reports. Four times per year, a plan shall nated by a plan to provide health care services to submit to the Department two copies of a brief quarterly enrollees. report summarizing key utilization, enrollment, and com- Secretary—The Secretary of Health of the Common- plaint and grievance system data. Each quarterly report wealth. shall be filed with the Department within 45 days following the close of the preceding calendar quarter. The Service area—The geographic area in which the plan plan shall submit each quarterly report in a format has received approval to operate from the Department. specified by the Department for that quarterly report. UR—Utilization review— § 9.605. Department investigations. (i) A system of prospective, concurrent or retrospective (a) The Department may investigate information con- UR, performed by a utilization review entity or health tained in annual, quarterly or special reports, enrollee care plan, of the medical necessity and appropriateness of complaints relating to quality of care or service, or the health care services prescribed, provided or proposed to deficiencies identified in the course of external quality be provided to an enrollee. reviews. (ii) The term does not include any of the following: (b) Investigation may include onsite inspection of an (A) Requests for clarification of coverage, eligibility or HMO’s facilities and records, and may include onsite health care service verification. inspection of the facilities and records of any IDS subcontractor. (B) A health care provider’s internal quality assurance or UR process unless the review results in denial of (c) The Department or its agents shall have free access payment for a health care service. to all books, records, papers and documents that relate to the business of the HMO, other than financial business. § 9.603. Technical advisories. (d) The Department will have access to medical records The Department may issue technical advisories to of HMO enrollees for the sole purpose of determining the assist plans in complying with the HMO Act, Article XXI quality of care, investigating complaints or grievances, and this chapter. The technical advisories do not have the enforcement, or other activities relating to ensuring com- force of law or regulation, but will provide guidance on pliance with Article XXI, this chapter or other laws of the how a plan may maintain compliance with the HMO Act, Commonwealth. Article XXI and this chapter. § 9.604. Plan reporting requirements. (e) The Department may request submission by the HMO of a special report detailing any aspect of its (a) Annual reports. A plan shall submit to the Depart- operations relating to the provision of health care services ment on or before April 30 of each year, a detailed report to enrollees, provider contracting or credentialing, opera- of its activities during the preceding calendar year. The tion of the enrollee complaint and grievance system, or plan shall submit the report in a format specified by the quality assessment.

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§ 9.606. Penalties and sanctions. GENERALLY (a) For violations of Article XXI and this chapter, the § 9.621. Applicability. Department may take one or more of the following (a) This subchapter applies to corporations that pro- actions: pose to undertake to establish, maintain and operate an (1) Impose a civil penalty of up to $5,000 per violation. HMO within this Commonwealth, with the exception of (2) Maintain an action in the name of the Common- an HMO exempted under sections 16 and 17(b) of the wealth for an injunction to prohibit the activity that HMO Act (40 P. S. §§ 1566 and 1567(b)). violates the provisions. (b) This subchapter is intended to ensure that HMOs certified by the Commonwealth offer increased competi- (3) Issue an order temporarily prohibiting the plan tion and consumer choice which serve to advance quality from enrolling new members. assurance, cost effectiveness and access to health care (4) Require the plan to develop and adhere to a plan of services. correction approved by the Department which the plan shall make available to enrollees upon written request. § 9.622. Prohibition against uncertified HMOs. The Department will monitor compliance with the plan of (a) A corporation may not, within this Commonwealth, correction. solicit enrollment of members, enroll members or deliver prepaid basic health services, by or through an HMO, (b) For violations of the HMO Act and this chapter, the Department may suspend or revoke a certificate of au- unless it has received a certificate of authority from the thority or impose a penalty of not more than $1,000 for Secretary and Commissioner to operate and maintain the each unlawful act committed if the Department finds that HMO. one or more of the following conditions exist: (b) A foreign HMO may not, within this Common- (1) The HMO is providing inadequate or poor quality wealth, solicit enrollment of members, enroll members or care, either directly, through contracted providers or deliver prepaid basic health care services unless it has through the operations of the HMO, thereby creating a received a certificate of authority from the Secretary and threat to the health and safety of its enrollees. the Commissioner to operate and maintain an HMO. (2) The HMO is unable to fulfill its contractual obliga- § 9.623. Preapplication development activities. tions to its enrollees. The Department will, upon request, provide technical (3) The HMO has advertised its services in an untrue, advice and assistance to persons proposing to develop an misrepresentative, misleading, deceptive or unfair man- HMO, including review of health care services provider ner either directly or through any person on its behalf. contracts to be used to establish and maintain an acceptable health care services provider network. A network is (4) The HMO has substantially failed to comply with required for approval of a certificate of authority. the HMO Act. APPLICATION FOR CERTIFICATE OF AUTHORITY (c) Before the Department may act under subsection (b), the Department will provide the HMO with written § 9.631. Content of an application for an HMO cer- notice specifying the nature of the alleged violation and tificate of authority. fixing a time and place, at least 10 days thereafter, when An application for a certificate of authority under the a hearing of the matter shall be held. Hearing procedures HMO Act shall include completed application forms as the and appeals shall be conducted in accordance with 2 Secretary and Commissioner may require. An application Pa.C.S. (relating to administrative law and procedure). for a certificate of authority will not be deemed complete (d) A plan may appeal the decision to impose a penalty unless it includes at least the following information: under subsection (a)(1) or to issue an order under subsec- (1) Organizational information including a copy of the tion (a)(3) under 2 Pa.C.S. Chapter 5, Subchapter A applicant’s articles of incorporation, bylaws that include a (relating to practice and procedure of Commonwealth description of the manner by which subscribers will be agencies). selected and appointed to the board of directors, an Subchapter G. HMOS organization chart and clear disclosure of the relationship between the applicant and any affiliated entities owned GENERALLY or controlled by the applicant or which directly or indi- Sec. rectly own or control the applicant. 9.621. Applicability. (2) A list of names, addresses and official positions of 9.622. Prohibition against uncertified HMOs. 9.623. Preapplication development activities. the board of directors of the applicant, and of persons who are responsible for the affairs of the applicant, including: APPLICATION FOR CERTIFICATE OF AUTHORITY President/Chief Executive Officer; Medical Director; Chief 9.631. Content of an application for an HMO certificate of authority. Financial Officer; Chief Operating Officer; Directors of 9.632. HMO certificate of authority review by the Department. Quality Assurance, Utilization Review, Provider Rela- 9.633. HMO board requirements. tions, Member Services; and the Director of the Enrollee 9.634. Location of HMO activities, staff and materials. Complaint and Grievance Process if this responsibility 9.635. Delegation of HMO operations. 9.636. Issuance of a certificate of authority to a foreign HMO. does not fall under one of the previous directorships listed. Resumes shall be included for Chairperson of the OPERATIONAL STANDARDS Board and the positions listed in this paragraph. 9.651. HMO provision and coverage of basic health services to enrollees. (3) The address of the registered office, in this Com- 9.652. HMO provision of other than basic health services to enrollees. monwealth, where the HMO can be served with legal 9.653. Use of co-payments and co-insurances in HMOs. process. 9.654. HMO provision of limited networks to select enrollees. 9.655. HMO external quality assurance assessment. (4) A copy of each proposed standard form health care 9.656. Standards for approval of point-of-service options by HMOs. services provider contract and each IDS contract includ-

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6426 PROPOSED RULEMAKING ing a detailed description of the types of financial incen- the application for 30 days after publication. The Depart- tives that the HMO may utilize. ment may hold a public meeting concerning the applica- (5) A copy of the HMO’s proposed contracts with indi- tion, with appropriate notification to the applicant, and vidual enrollees and groups of enrollees describing the notice to the public through publication of notice in the health care coverage to be provided to each individual or Pennsylvania Bulletin. group. (c) Within 45 days of receipt of the application, the (6) A description of the proposed plan services area by Department will notify the applicant of additional infor- county, including demographic data of prospective enroll- mation required to complete the application, and of any ees and location of contracted providers. part of the application which must be corrected by the applicant to demonstrate compliance with the HMO Act (7) A detailed description of the applicant’s proposed or this chapter. A copy of any requests for information enrollee complaint and grievance systems. sent to the applicant will be sent to the Commissioner. (8) A detailed description of the applicant’s proposed system for ongoing quality assurance. (d) The Department will review the completed application for compliance with the HMO Act and this chapter. (9) A detailed description of the applicant’s proposed The application will not be considered complete until the UR system. required information is provided to the Department in (10) A copy of the applicant’s proposed confidentiality writing, including evidence of a contracted and policy. credentialed provider network of sufficient capacity to serve the proposed number of enrollees. (11) A detailed description of the applicant’s proposed provider credentialing system, and standards for ongoing (e) The Department may visit or inspect the site or recredentialing activities incorporating quality assurance, proposed site of the applicant’s facilities or facilities of the UR and enrollee satisfaction measures. applicant’s contractors and its provider network, to ascertain its capability to comply with the HMO Act, Act 68 (12) A description of the applicant’s capacity to collect and this chapter. and analyze necessary data related to utilization of health care services and to provide the Department with the (f) The Department will complete its review within 90 periodic reports specified in § 9.604 (relating to plan days of submission of the completed application. reporting requirements), including a description of the system whereby the records pertaining to the operations (g) Within 90 days of receipt of a completed application of the applicant, including membership and utilization for a certificate of authority, the Secretary and Commis- data, are identifiable and distinct from other activities sioner will jointly take action as set forth in paragraph the entity undertakes. (1) or (2). A disapproval of an application may be appealed in accordance with 2 Pa.C.S. (relating to admin- (13) If the applicant intends to delegate any UR func- istrative law and procedure). tions to a subcontractor, evidence of the subcontractor’s certification as a CRE under Subchapter K (relating to (1) Approve the application and issue a certificate of CREs) if the certification is required. authority. (14) A detailed description of the applicant’s ability to (2) Disapprove the application and specify in writing assure both the availability and accessibility of adequate the reasons for the disapproval. personnel and facilities to serve enrollees in a manner enhancing access, availability and continuity of covered § 9.633. HMO board requirements. health care services. (a) A corporation that has received a certificate of (15) A copy of each contract with an individual or authority shall, within 1 year of its receipt of the entity for the performance on the HMO’s behalf of certificate, establish and maintain a board of directors at necessary HMO functions, including marketing, enroll- least one-third of whom are enrollees of the HMO. The ment and administration, and each contract with an process to select enrollee members of the board shall be insurance company, hospital plan corporation or profes- structured to prevent undue influence in the selection sional health services corporation for the provision of process by nonenrollee members of the board and to insurance or indemnity or reimbursement against the obtain diverse representation of broad segments of the cost of health care services provided by the HMO. enrollees covered under HMO contracts issued by the corporation. (16) A detailed description of the applicant’s incentives and mechanisms for cost-control within the structure and (b) A member of the board shall execute a conflict of function of the applicant. interest statement certifying that the board member will (17) Other information the applicant may wish to not engage in forms of self-dealing including the sale, submit for consideration. exchange, leasing or furnishing of property, goods, services or facilities between the HMO and the board (18) Other information the Department requests as member, the board member’s employer or an organization necessary to review the applicant’s application for compli- substantially controlled by the board member, in a man- ance with the HMO Act, Act 68 and this chapter. ner more favorable to the board member or to the HMO § 9.632. HMO certificate of authority review by the than would be provided to the general public. Department. (c) The board of the HMO shall be responsible for the (a) The applicant shall submit a complete application operations of the HMO, and shall have the ability to take to both the Department and the Insurance Department. corrective action when deficiencies are noted in any of its functions regardless of where and by whom the function (b) Upon receipt of a complete application for a certifi- is performed. cate of authority the Department will publish notification of receipt in the Pennsylvania Bulletin. The Department (d) The board shall review and approve the quality will accept public comments, suggestions or objections to assurance plan of the HMO on an annual basis.

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§ 9.634. Location of HMO activities, staff and mate- (3) The foreign HMO shall otherwise affirm that the rials. information submitted to the Department remains cur- To demonstrate its ability to assure both availability rent and accurate at the time of submission. and accessibility of adequate personnel and facilities to (c) The Department may waive or modify its require- effectively provide or arrange for the provision of basic ments under the HMO Act and this chapter following a health services in a manner enhancing access, availability written request from the foreign HMO for the modifica- and continuity of care, the HMO shall meet the following tion or waiver and upon determination by the Depart- minimum standards: ment that the requirements are not appropriate to the (1) The HMO shall make available for review at a particular foreign HMO, and that the waiver or modifica- location within in this Commonwealth, by the Depart- tion will be consistent with the purposes of the HMO Act, ment or an agent of the Department, the books and and that it would not result in unfair discrimination in records of the corporation and the essential documents as favor of the HMO of another state. the Department may require, including signed provider (d) Foreign HMOs are required to comply on the same contracts, credentialing files, complaint and grievance basis as Commonwealth certified HMOs with all ongoing files, committee meeting (quality assurance and reporting and operational requirements, including exter- credentialing) minutes and hearing transcriptions. Docu- nal quality assurance assessments. ments need not be permanently maintained in this Commonwealth but shall be made available within this OPERATIONAL STANDARDS Commonwealth within 48 hours. § 9.651. HMO provision and coverage of basic (2) The HMO shall ensure that the medical director health services to enrollees. responsible for overseeing the UR and quality assurance activities regarding coverage and services provided to (a) An HMO shall maintain an adequate network of enrollees who are residents of this Commonwealth is health care providers through which it provides coverage appropriately licensed in this Commonwealth, and quali- for basic health services to enrollees as medically neces- fied to oversee the delivery of health care services in this sary and appropriate without unreasonable limitations as Commonwealth. to frequency and cost. (3) The HMO’s quality assurance/improvement commit- (b) An HMO may exclude coverage for the services as tee shall include health care providers licensed in this are customarily excluded by indemnity insurers, except to Commonwealth. the extent that a service is required to be covered by § 9.635. Delegation of HMO operations. State or Federal law. (a) An HMO may contract with any individual, part- (c) An HMO shall provide and cover the following basic nership, association, corporation or organization for the health services as the HMO determines to be medically performance of HMO operations. A contract for delegation necessary and appropriate according to its definition of of HMO operations shall be filed with the Commissioner medical necessity: and does not in any way diminish the authority or responsibility of the board of directors of the HMO, or the (1) Emergency services on a 24-hour-per-day, 7-day-per- ability of the Department to monitor quality of care and week basis. The plan may not require an enrollee, or a require prompt corrective action of the HMO when neces- participating health care provider advising the enrollee sary. regarding the existence of an emergency, to utilize a participating health care provider for emergency services, (b) An HMO shall delegate medical management au- including ambulance services. thority in accordance with § 9.675 (relating to the delegation of medical management). (2) Outpatient services. § 9.636. Issuance of a certificate of authority to a (3) Inpatient services. foreign HMO. (4) Preventive services. (a) A foreign HMO may be authorized by issuance of a certificate of authority to operate or to do business in this (d) An HMO shall provide other benefits as may be Commonwealth if the Department is satisfied that it is mandated by State and Federal law. fully and legally organized and approved and regulated under the laws of its state and that it complies with the § 9.652. HMO provision of other than basic health requirements for HMOs organized within and certified by services to enrollees. the Commonwealth. An HMO may provide coverage for other than basic (b) A foreign HMO shall submit a completed Common- health services including dental services, vision care wealth application for a certificate of authority in accord- services, prescription drug services, durable medical ance with §§ 9.631 and 9.632 (relating to content of an equipment or other health care services, provided: application for an HMO certificate of authority; and HMO (1) The HMO establishes, maintains and operates a certificate of authority review by the Department). network of participating health care providers sufficient (1) In lieu of the Commonwealth application, a foreign to provide reasonable access to and availability of the HMO may submit to the Department and the Insurance contracted nonbasic health services to enrollees. Department a copy of the application submitted and approved for certificate of authority or licensure in an- (2) The health care provider contracts it uses to con- other state with cross references to requirements contract with participating providers meets the requirements tained in the Commonwealth’s application. of § 9.722 (relating to plan and health care provider contracts). (2) The foreign HMO shall provide, along with the out-of-State application, documentation of any change or (3) The provision of those health services is subject to modification occurring since that certificate of authority the same complaint and grievance procedures applicable or license was approved. to the provision of basic health services.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6428 PROPOSED RULEMAKING

§ 9.653. Use of co-payments and co-insurances in § 9.656. Standards for approval of point-of-service HMOs. options by HMOs. Upon the request of the Insurance Department, the (a) An HMO shall submit a formal product filing for a Department will review requests by an HMO to incorpo- POS product to the Department and the Insurance De- rate co-payments and co-insurance in the HMO benefit partment. structure, to determine whether these requests would (b) An HMO may offer POS options to groups and detract from availability, accessibility or continuity of enrollees, if the HMO: services and to ensure that the request constructively advances the purposes of quality assurance, cost- (1) Has a system for tracking, monitoring and report- effectiveness and access. ing enrollee self-referrals for the following purposes: § 9.654. HMO provision of limited networks to se- (i) Periodically informing an enrollee’s primary care lect enrollees. provider of enrollee self-referred services. (a) An HMO that wants to offer limited subnetworks (ii) Promptly investigating any PCP practice in which which include only selected health care providers, shall enrollees are utilizing substantially higher levels of non- request approval from the Department to do so. PCP referred care than average, to ensure that enrollee self-referrals are not a reflection of access or quality (b) The Department will approve a request to offer problems on the part of the PCP practice. limited subnetworks if the proposal meets the following requirements: (2) Provides clear disclosure to enrollees of out-of- pocket expenses. (1) There is adequate disclosure to potential enrollees (3) Does not directly or indirectly encourage enrollees of the limitations in the number of the HMO’s participat- to seek care without a PCP referral or from out-of- ing providers. network providers due to an inadequate network of (2) If a covered service is not available within the participating providers in any given specialty. limited network, the HMO shall provide or arrange for Subchapter H. AVAILABILITY AND ACCESS the provision of the service at no additional cost to the enrollee, other than the routine co-payments which would Sec. 9.671. Applicability. have been applicable if the service had been provided 9.672. Emergency services. within the limited network. 9.673. Plan provision of prescription drug benefits to enrollees. 9.674. Quality assurance standards. (3) The limited network has an adequate number and 9.675. Delegation of medical management. distribution of network providers to provide care which is 9.676. Standards for enrollee rights and responsibilities. 9.677. Requirements of definitions of ‘‘medical necessity.’’ available and accessible to enrollees within a defined 9.678. Primary care providers. area. 9.679. Access requirements in service areas. 9.680. Access for persons with disabilities. (4) Enrollment is limited to enrollees within a reason- 9.681. Health care providers. able traveling distance to limited participating network 9.682. Direct access for obstetrical and gynecological care. providers. 9.683. Standing referrals or specialists as primary care providers. 9.684. Continuity of care. § 9.655. HMO external quality assurance assess- § 9.671. Applicability. ment. This subchapter is applicable to managed care plans, (a) Within 18 months of receipt of a certificate of including HMOs and gatekeeper PPOs, and subcontrac- authority, and every 3 years thereafter unless otherwise tors of managed care plans, including IDSs, for services required by the Department, an HMO shall have an provided to enrollees. external quality assessment conducted using an external quality review organization acceptable to the Department. § 9.672. Emergency services. Department personnel may participate in the external (a) A plan shall utilize the definition of ‘‘emergency quality assurance assessment. service’’ in section 2102 of the act (40 P. S. § 991.2102) in (b) Costs for the required external review shall be paid administering benefits, adjudicating claims and process- by the HMO. ing complaints and grievances. (c) An HMO may combine the external quality assur- (b) A plan may not deny any claim for emergency ance assessment with an accreditation review offered by services on the basis that the enrollee did not receive an external quality review organization acceptable to the permission, prior approval, or referral from a gatekeeper Department, if the review adequately incorporates assess- or the plan itself prior to seeking emergency service. ment factors required by the Department, and allows for (c) A plan may apply the prudent layperson standard Department staff to actively participate in the external to the enrollee’s presenting symptoms and services pro- review process. vided in adjudicating related claims for emergency services. (d) The assessment shall study the quality of care being provided to enrollees and the effectiveness of the (d) Coverage for emergency services shall include emer- quality assurance program established by the HMO. gency transportation and related emergency care provided by a licensed ambulance service. Use of an ambulance as (e) The external quality review organization shall issue transportation to an emergency facility for a condition a copy of its findings to the HMO’s senior management. It that does not satisfy the definition of ‘‘emergency service’’ is the responsibility of the HMO to ensure that a copy of does not constitute an emergency service and does not all interim and final reports regarding the external require coverage as an emergency service. quality assessment are filed within 15 days with the Department, either directly by the HMO, or by the (e) A plan may not require an enrollee to utilize any external quality review organization. particular emergency transportation services organization

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 PROPOSED RULEMAKING 6429 or a participating emergency transportation services or- (5) The plan shall demonstrate dedication of adequate ganization for emergency care. resources, in terms of appropriately trained and experi- (f) A plan shall cover emergency services provided by a enced personnel, analytic capabilities and data resources nonparticipating health care provider at the same level of for the operation of the quality assurance program. benefit as that provided by a participating health care (6) The plan shall ensure that all participating health provider when the plan determines the emergency ser- care providers maintain current and comprehensive med- vices were necessary based on the prudent layperson ical records which conform to standard medical practice. standard. (7) The plan’s review of quality shall include consider- § 9.673. Plan provision of prescription drug ben- ation of clinical aspects of care, access, availability and efits to enrollees. continuity of care. (a) A plan providing prescription drug benefit coverage (8) The plan’s quality assurance program shall have to enrollees, either as a basic benefit or through the mechanisms that provide for the sharing of results with purchase of a rider or additional benefit package, and health care providers in an educational format to solicit using a drug formulary which lists the plan’s preferred input and promote continuous improvement. therapeutic drugs, shall clearly disclose in its marketing material and enrollee literature that restrictions in drug (9) The plan shall provide to the Department a descrip- availability may result from use of a formulary. tion of the annual quality assurance work plan, or schedule of activities, which includes the objectives, scope (b) An enrollee or a prospective enrollee may make a and planned projects or activities for the year. written inquiry to a plan asking whether a specific drug is on the plan’s formulary. The plan shall respond in (10) The plan shall present a report of the plan’s writing to the request within 30 days from the date of its quality assurance activities annually to the plan’s board receipt of the request. of directors, and shall provide a copy of the report to the Department. (c) A plan utilizing a drug formulary shall have a written policy that includes an exception process by which § 9.675. Delegation of medical management. a health care provider may prescribe and obtain coverage (a) A plan may contract with an entity for the perfor- for the enrollee for specific drugs, drugs used for an mance of medical management relating to the delivery of off-label purpose, biologicals and medications not included health care services to enrollees. The plan shall submit in the formulary for prescription drugs or biologicals the medical management contract to the Department for when the formulary’s equivalent has been ineffective in review and approval prior to implementation. the treatment of the enrollee’s disease or if the drug (b) If the contractor is to perform UR, the contractor causes or is reasonably expected to cause adverse or shall be certified in accordance with Subchapter K (relat- harmful reactions to the enrollee. ing to utilization review entities). (d) The plan shall distribute its policy and process to (c) To secure Department approval, a medical manage- each participating health care provider who prescribes. ment contract shall include the following: (e) If the plan does not approve a health care provider’s (1) Reimbursement methods being used to reimburse request for an exception, the enrollee or the health care the contractor which complies with section 2152(b) of the provider with the written consent of the enrollee may file act (40 P. S. § 991.2152(b)) which relates to operational a grievance under Subchapter I (relating to complaints standards for CREs compensation. and grievances). § 9.674. Quality assurance standards. (2) The standards for the plan’s oversight of the contractor. (a) A plan shall have an ongoing quality assurance program that includes review, analysis and assessment of (d) Acceptable plan oversight shall include: the access, availability and provision of health care (1) Written review and approval by the plan of the services. The quality assurance program shall provide for explicit standards to be utilized by the contractor in a mechanism allowing feedback to be reviewed and used conducting quality assurance, UR or related medical for continuous quality improvement programs and initia- management activities. tives by the plan. (2) Reporting by the contractor to the plan regarding (b) The quality assurance program shall meet the the delegated activities on at least a quarterly basis and following standards: the impact of the delegated activities on the quality and (1) The plan shall maintain a written description of its delivery of health care to the plan’s enrollees. quality assurance program, documenting studies under- (3) Random sample re-review and validation of the taken, evaluation of results, subsequent actions recom- results of delegated responsibilities to ensure that the mended and implemented, and aggregate data, and shall decisions made and activities undertaken by the contrac- make this information available to the Department upon tor meet the agreed-upon standards in the contract. request. (4) A written description of the relationship between (2) The plan shall document all quality assurance the plan’s medical management staff and the contractor’s activities and quality improvement accomplishments. medical management staff. (3) The activities of the plan’s quality assurance pro- (5) A requirement that the contractor submit written gram shall be overseen by a quality assurance committee reports of activities and accomplishments to the plan’s that includes plan participating physicians in active quality assurance committee on at least a quarterly basis. clinical practice. (e) With respect to medical management arrangements (4) The plan’s quality assurance structures and pro- involving an HMO, the medical management contract cesses shall be clearly defined, with responsibility as- shall include a statement by the contractor agreeing to signed to appropriate individuals. submit itself to review as a part of the HMO’s external

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6430 PROPOSED RULEMAKING quality assurance assessment. See § 9.655 (relating to meets the plan’s credentialing criteria and has been found HMO external quality assurance assessment). A contrac- by the plan’s quality assurance committee to demon- tor may receive a separate review of its operations by an strate, through training, education and experience, external quality review organization approved by the equivalent expertise in primary care. Department. The Department will consider the results of (d) A plan may consider a certified registered nurse the review in its overall assessment provided the review practitioner (CRNP), practicing in an advanced practice satisfies the requirements of § 9.674 (relating to quality category generally accepted as a primary care area, as a assurance standards). primary care provider, if the CRNP meets the plan’s § 9.676. Standards for enrollee rights and responsi- credentialing criteria and practices in accordance with bilities. State law. The plan shall adopt policies and procedures to assure (e) A plan shall include in its provider directory a clear implementation of enrollee rights and responsibilities and adequate disclosure of the applicable referral limita- which shall include: tions caused by the choice of a given provider as a (1) Access to the information required by Act 68 and primary care provider. the Insurance Department regulations pertaining to en- (f) A plan shall establish and maintain a policy and rollee disclosures. procedure to permit an enrollee to change a designated (2) Instructions as to how non-English speaking and primary care provider with appropriate advance notice to visually-impaired enrollees may obtain the information in the plan. an alternative format. § 9.679. Access requirements in service areas. (3) An affirmation that enrollees have the right to be (a) A plan shall provide services to enrollees only in treated with dignity and respect, that medical records those service areas in which it has been approved to will be maintained in a confidential manner, and that operate by the Department. enrollees have the right to information and participation (b) A plan seeking to expand its service area beyond with decisionmakers concerning their health care services that which was initially approved shall file with the regardless of whether or not the services are benefits Department a service area expansion request. covered by the plan. (c) A plan shall demonstrate at all times that it has an (4) Other rights and responsibilities mandated by State adequate number and range of health care providers by and Federal law. specialty and service area to ensure that enrollees have § 9.677. Requirements of definitions of ‘‘medical adequate access to and availability of health care services necessity.’’ covered by the plan. The definition of ‘‘medical necessity’’ shall be the same (d) A plan shall immediately report to the Department in the plan’s provider contracts, enrollee contracts and any serious potential change in the plan’s ability to other materials used to evaluate appropriateness and to provide services in a particular service area through determine coverage of health care services. termination, cancellation or nonrenewal of health care § 9.678. Primary care providers. provider contracts potentially affecting 10% or more of the plan’s enrollees in the service area. (a) A plan shall make available to each enrollee a primary care provider to supervise and coordinate the (e) A plan shall ensure that services for hospitalization, health care of the enrollee. primary care and frequently utilized specialty services shall be available to enrollees within 20 minutes or 20 (b) A primary care provider shall meet the following miles in urban areas, and 30 miles or 30 minutes in rural minimum standards, unless a specialty health care pro- areas, or based on the availability of health care provid- vider is approved by the plan to serve as a designated ers, unless otherwise approved by the Department. primary care provider as provided for in § 9.683 (relating to standing referrals or specialists as primary care pro- § 9.680. Access for persons with disabilities. viders): (a) A plan shall file with the Department its policies, (1) Provide office hours of a minimum of 20 hours-per- plans and procedures for ensuring that it has within its week. provider network participating health care providers that are physically accessible to people with disabilities, in (2) Be available directly or through on-call arrange- accordance with Title III of the Americans with Disabili- ments with other qualified plan participating health care ties Act of 1990 (42 U.S.C.A. §§ 12181—12188.) providers, 24 hours-per-day, 7 days-per-week for urgent (b) A plan shall file with the Department its policies, and emergency care and to provide triage and appropriate plans and procedures for ensuring that it has within its treatment or referrals for treatment. provider network participating health care providers who (3) Maintain medical records in accordance with plan can communicate with individuals with sensory disabili- standards and accepted medical practice. ties, in accordance with Title III of the Americans with (4) Maintain hospital admitting privileges or an alter- Disabilities Act of 1990. nate arrangement for admitting an enrollee, approved by § 9.681. Health care providers. the plan, that provides for timeliness of information and (a) A plan shall provide to enrollees a provider direc- communication to facilitate the admission, treatment, tory that shall include the name, address and telephone discharge and follow-up care necessary to ensure continu- number of each participating health care provider by ity of services and care to the enrollee. speciality. (5) Possess an unrestricted license to practice in this (b) A plan shall include a clear disclaimer in the Commonwealth. provider directories it provides to enrollees that the plan (c) A plan may consider a physician in a nonprimary cannot guarantee continued access during the term of the care specialty as a primary care provider if the physician enrollee’s enrollment to a particular health care provider,

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 PROPOSED RULEMAKING 6431 and that if a participating health care provider used by (3) Be under a treatment plan approved by the plan the enrollee ceases participation, the plan will provide and provided in writing to the specialist who will be access to alternative providers with equivalent training serving as the primary care provider or receiving the and experience. standing referral. (c) A plan that has no participating health care provid- (4) Be subject to the plan’s utilization management ers available to provide covered health care services shall requirements and other established utilization manage- arrange for and provide coverage for services provided by ment and quality assurance criteria. a nonparticipating health care provider. The plan shall (5) Ensure that a standing referral to, or the designa- cover the nonnetwork services at the same level of benefit tion of a primary care provider as, a specialist will be as if a network provider had been available. made to participating specialists when possible. Nonpar- (d) A plan shall have written procedures governing the ticipating specialists may be utilized as appropriate. availability and accessibility of frequently utilized health (6) Ensure the plan issues a written decision regarding care services, including the following: the request for a standing referral or designation of a (1) Well-patient examinations and immunizations. specialist as a primary care provider within a reasonable period of time taking into account the nature of the (2) Emergency telephone consultation on a 24 hour-per- enrollee’s condition, but within 45 days after the plan’s day, 7 day-per-week basis. receipt of the request. (3) Treatment of acute emergencies. (7) Ensure the written decision denying the request (4) Treatment of acute minor illnesses. provides information about the right to appeal the decision through the grievance process. § 9.682. Direct access for obstetrical and gynecological care. (c) A plan shall have mechanisms in place to review the effect of this procedure, and shall present the results (a) The plan shall permit an enrollee direct access to to its quality improvement committee on an annual basis. participating health care providers for maternity and gynecological care without referral from a primary care § 9.684. Continuity of care. provider. (a) Provider terminations initiated by the plan shall be (b) A plan may not require prior authorization for these governed as follows: services or any aspect of services considered as a routine (1) An enrollee may continue an ongoing course of part of obstetrical and gynecological care including re- treatment, at the option of the enrollee, for 60 days from lated laboratory or diagnostic procedures. the date the enrollee is notified by the plan of the (c) A plan may require that directly accessed partici- termination or pending termination of a participating pating health care providers seek prior plan authorization health care provider. for nonroutine procedures or services and elective inpa- (2) If the terminating provider is a primary care pro- tient hospitalization. vider, the plan shall provide written notice of the termi- (d) A plan shall develop policies and procedures that nation to each enrollee assigned to that primary care describe the terms and conditions under which a directly provider and shall request and facilitate the enrollee’s accessed health care provider may provide and refer for transfer to another primary care provider. health care services with and without obtaining prior (3) If the terminating provider is not a primary care plan approval. The plan shall have these policies and provider, the plan shall notify the affected enrollees procedures approved by its quality assurance committee. identified through referral and claims data. The plan shall provide these terms and conditions to all health care providers who may be directly accessed for (4) Written notice from the plan shall include instruc- maternity and gynecological care. tions as to how to exercise the continuity of care option, including qualifying criteria, the procedure for notifying § 9.683. Standing referrals or specialists as primary the plan of the enrollee’s intention and how the enrollee care providers. will be notified that a continuing care arrangement has (a) A plan shall adopt and maintain procedures been agreed to by the provider and the plan. whereby an enrollee with a life-threatening, degenerative (b) A new enrollee seeking to continue care with a or disabling disease or condition shall, upon request, nonparticipating provider shall notify the plan of the receive an evaluation by the plan and, if the plan’s enrollee’s request to continue an ongoing course of treat- established standards are met, the procedures shall allow ment for the transitional period. for the enrollee to receive either a standing referral to a specialist with clinical expertise in treating the disease or (c) The transitional period for an enrollee who is a condition, or the designation of a specialist to assume woman in the second or third trimester of pregnancy as of responsibility to provide and coordinate the enrollee’s the effective date of coverage, if she is a new enrollee, or primary and specialty care. as of the date the termination notice was provided by the plan, shall extend through the completion of postpartum (b) The plan’s procedures shall: care. (1) Ensure the plan has established standards, includ- (d) The transitional period may be extended by the ing policies, procedures and clinical criteria for conducting plan if extension is determined to be clinically appropri- the evaluation and issuing or denying the request, includ- ate. The plan shall consult with the enrollee and the ing a process for reviewing the clinical expertise of the health care provider in making this determination. requested specialist. The plan shall have its standards approved by its quality assurance committee. (e) A plan shall cover health care services provided under this section under the same terms and conditions (2) Provide for evaluation by appropriately trained and as applicable for services provided by participating health qualified personnel. care providers.

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(f) A plan may require nonparticipating health care (b) Correction of plan. A plan shall immediately correct providers to meet the same terms and conditions as any procedure found by the Department to be noncompli- participating health care providers with the exception ant or to create unacceptable administrative burdens on that a plan may not require nonparticipating health care the enrollee. providers to under go full credentialing. (c) Complaints versus grievances. (g) A plan shall provide the nonparticipating health (1) The plan may not classify the appeal as either a care provider with written notice of the terms and complaint or a grievance with the intent to adversely conditions to be met at either the earliest possible affect or deny the enrollee’s access to the process. opportunity following notice of termination to the provider, or immediately upon request from an enrollee to (2) If there is any doubt as to whether the appeal is a continue services with a nonparticipating health care complaint or a grievance, the plan shall consult with the provider. Department or the Insurance Department as to the most appropriate classification. (h) A plan shall use best efforts to ascertain the health care provider’s willingness to continue to provide health (3) An enrollee may contact the Department or the care services for the transitional period prior to the actual Insurance Department directly for consideration and in- termination date. tervention with the plan, if the enrollee disagrees with the plan’s classification of an appeal. (i) An enrollee shall be held harmless by the plan for services provided by nonparticipating providers post- (4) If the Department determines that a grievance has termination of a participating provider, during the period been improperly classified as a complaint, the Depart- of negotiations between the plan and the health care ment will notify the plan and the enrollee and the case provider under subsection (f) up to the time affected will be redirected to the appropriate level of grievance enrollees are notified by the plan in writing that agree- review. Filing fees shall be waived by the plan. ment is not possible. (5) If the Department determines that a complaint has (j) This section does not require a plan to provide been improperly classified as a grievance, the Department health care services that are not covered under the terms will notify the plan and the enrollee, and the case will be and conditions of the plan. redirected to the appropriate level of complaint review. (k) If the plan terminates a participating health care (6) The Department will monitor plan reporting of provider for cause, the plan will not be responsible for the complaints and grievances and may conduct audits and health care services provided to the enrollee following the surveys to verify compliance with Article XXI and this date of termination. subchapter. Subchapter I. COMPLAINTS AND GRIEVANCES (d) Time frames. Sec. (1) A plan may not impose unreasonable time limita- 9.701. Applicability. tions on an enrollee’s ability to file an appeal or griev- 9.702. Complaints and grievances. ance. 9.703. Health care provider initiated grievances. 9.704. Internal complaint process. (2) If a plan establishes a time limit for an enrollee to 9.705. Appeal of a complaint decision. file the initial complaint or grievance, the plan shall allow 9.706. Enrollee and provider grievance system. the enrollee at least 30-calendar days to file the com- 9.707. External grievance process. 9.708. Grievance reviews by CREs. plaint or grievance from the date of the occurrence of the 9.709. Expedited review. issue being complained about. 9.710. Approval of plan enrollee complaint and enrollee and provider grievance systems. (3) If a plan establishes a time frame for an enrollee to 9.711. Alternative provider dispute resolution systems. file a second level complaint or grievance, the plan shall allow the enrollee at least 45 days to file the second level § 9.701. Applicability. complaint or grievance from the date of the enrollee’s This subchapter applies to the review and appeal of receipt of notice of the plan’s decision. complaints and grievances under Act 68. (4) A health care provider seeking to file a grievance § 9.702. Complaints and grievances. with enrollee consent under § 9.703 (relating to health care provider initiated grievances) shall have the same (a) General. time frames in which to file as an enrollee. (1) A plan shall have a two-level complaint and a § 9.703. Health care provider initiated grievances. two-level grievance procedure which meets the require- (a) A healthcare provider may, with the consent of the ments of sections 2141, 2142, 2161 and 2162 of Article enrollee, file a written grievance with a plan. XXI of the act (40 P. S. §§ 991.2141, 991.2142, 991.2161 and 991.2162) and this subchapter and is satisfactory to (b) A health care provider may not require an enrollee the Secretary. to sign an document authorizing the health care provider to file a grievance as a condition of providing a health (2) The plan may not incorporate administrative re- care service. quirements, time frames or tactics to directly or indirectly discourage the enrollee from, or disadvantage the enrollee (c) Once a health care provider assumes responsibility in utilizing the procedures. for filing a grievance, the health care provider may not refuse to grieve the issue through the second level (3) A plan shall provide copies of its complaint and grievance review. grievance procedures to the Department for review and approval. The Department will use the procedures as a (d) The health care provider may not bill the enrollee reference when assisting enrollees who contact the De- for services provided that are the subject of the grievance partment directly. until the external grievance review has been completed.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 PROPOSED RULEMAKING 6433

(e) If the health care provider elects to appeal an (ii) The plan shall notify the enrollee in writing of the adverse decision of a CRE, the health care provider may right to appear before the second level review committee. not bill the enrollee for services provided that are the The second level review committee shall satisfy the subject of the grievance until it chooses not to appeal an following: adverse decision to a court of competent jurisdiction. (A) The plan shall provide reasonable flexibility in (f) A health care provider, seeking to obtain written terms of time and travel distance when scheduling a consent from an enrollee to file a grievance on behalf of second level review to facilitate the enrollee’s attendance. the enrollee, shall clearly disclose to the enrollee in writing that the consent precludes the enrollee from filing (B) If an enrollee cannot appear in person at the a grievance on the same issue unless the enrollee, during second level review, the plan shall provide the enrollee the course of the grievance, rescinds in writing the the opportunity to communicate with the review commit- previous written consent. tee by telephone or other appropriate means. (g) The written consent form shall inform the enrollee (C) Attendance at the second level review shall be in writing of the right to rescind a consent at any time limited to members of the review committee; the enrollee during the grievance process. or the enrollee’s representatives, or both; the enrollee’s provider or applicable witnesses; and appropriate repre- (h) The enrollee may rescind consent to a health care sentatives of the plan. Persons attending the second level provider, to file a grievance on behalf of the enrollee, at review and their respective roles at the review shall be any time during the grievance process. If the enrollee identified for the enrollee. rescinds consent, the enrollee may continue with the grievance at the point at which consent was rescinded. (iii) The decision of the second level review committee The enrollee may not file a separate grievance. An shall be binding upon the parties unless appealed by the enrollee who has filed a grievance may, at any time enrollee. during the grievance process, choose to provide consent to (iv) The deliberation of the second level review commit- a health care provider to allow the health care provider to tee, including the enrollee’s comments, shall be either by continue with the grievance instead of the enrollee. transcribed verbatim or summarized, and maintained as § 9.704. Internal complaint process. a part of the complaint record to be forwarded to the Department or the Insurance Department upon appeal. (a) A plan shall establish, operate and maintain an internal complaint process which meets the requirements (v) The plan shall complete the second level review of section 2141 of the act (40 P. S. § 991.2141), and this within 45 days of the plan’s receipt of the enrollee’s subchapter, and is acceptable to the Secretary. The pro- request for review. cess shall address complaints concerning matters including participating health care providers, health plan cover- (vi) The plan shall notify the enrollee of the decision of age, plan operations and plan management policies. the second level review committee in writing, within 5 business days of the committee’s decision. (b) A plan shall permit an enrollee to file with it a written or oral complaint. (vii) The plan shall include in its notice to the enrollee the basis for the decision and the procedures and time (c) A plan’s internal complaint process shall include the frame for the enrollee to file an appeal to the Department following standards: or the Insurance Department, including the addresses (1) First level review. and telephone numbers of both agencies. The decision shall be sent in a manner so that the plan can document (i) The first level complaint review shall be performed the enrollee’s receipt of the decision. by an initial review committee which shall include one or more employes. The members of the committee may not (d) The Department of Health address for purposes of have been involved in a prior decision to deny the this section is: Bureau of Managed Care, Pennsylvania enrollee’s complaint. Department of Health, P. O. Box 90, Harrisburg, PA 17108, (717) 787-5193. The Department may change this (ii) A plan shall permit an enrollee to provide written address upon prior notification in the Pennsylvania Bulle- data or other material in support of the complaint. The tin. enrollee may specify the remedy or corrective action being sought. § 9.705. Appeal of a complaint decision. (iii) The plan shall complete its review and investiga- (a) An enrollee shall have 15 days from receipt of the tion of the complaint within 30 days of receipt of the second level review decision of a complaint to file an complaint. appeal of the decision, in writing, with either the Depart- ment or the Insurance Department. (iv) The plan shall notify the enrollee in writing of the decision of the initial review committee within 5 business (b) The appeal from the enrollee shall include the days of the committee’s decision. The notice shall include following: the basis for the decision and the procedures and time (1) The enrollee’s name, address and telephone num- frame to file a request for a second level review of the ber. decision of the initial review committee. (2) Identification of the plan. (2) Second level review. (3) The enrollee’s plan ID number. (i) The second level complaint review shall be performed by a second level review committee made up of (4) A brief description of the issue being appealed. three or more individuals who did not participate in the (5) Correspondence from the plan concerning the com- first level review. At least one third of the second level plaint. review committee may not be employes of the plan. The members of the second level review committee shall have (c) Upon receipt of the appeal, the Department will the duty to be unbiased in their review and decision. verify with the plan that the appeal was submitted within

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15 days of the enrollee’s receipt of the notice of the (ii) The plan shall notify the enrollee or health care decision by the second level review committee. provider in writing of the right to appear before the second level review committee. The second level review (d) The plan shall forward the complaint file within 5 committee shall satisfy the following: business days of the Department’s request. Upon confirmation that the appeal was filed within the appropriate (A) The plan shall provide reasonable flexibility in time frame, the Department will request the complaint terms of time and travel distance when scheduling a file from the plan. second level review to facilitate the enrollee’s attendance. (e) The plan and the enrollee may provide additional (B) If an enrollee or health care provider cannot appear information for review and consideration as appropriate. in person at the second level review, the plan shall provide the enrollee or the health care provider the (f) Both the Department and the Insurance Depart- opportunity to communicate with the review committee ment will determine the appropriate agency for the by telephone or other appropriate means. review. (C) Attendance at the second level review shall be (g) The Department may decide to hold an administra- limited to members of the review committee; the enrollee, tive hearing on the appeal. The hearing shall be con- or the enrollee’s representatives, or both; the health care ducted in accordance with the procedures in 1 Pa. Code provider; applicable witnesses; and appropriate represen- Part II (relating to General Rules of Administrative tatives of the plan. Persons attending and their respective Practice and Procedure). roles at the review shall be identified for the record. (h) The enrollee may be represented by an attorney or (iii) The deliberation of the second level review commit- other individual before the Department. tee, including the enrollee’s comments, shall be either § 9.706. Enrollee and provider grievance system. transcribed verbatim or summarized, and maintained as a part of the grievance record to be forwarded upon (a) A plan shall establish, operate and maintain an appeal. internal enrollee grievance system in compliance with sections 2161 and 2162 of the act (40 P. S. §§ 991.2161 (iv) The plan shall complete the second level grievance and 991.2162) and this subchapter and acceptable to the review within 45 days of receipt of the request for the Secretary, for the purposes of reviewing a denial of review. coverage for a health care service on the basis of medical (v) The plan shall notify the enrollee, or in the case of necessity and appropriateness. a grievance filed by a health care provider, the provider, (b) The enrollee, or a health care provider with written of the decision of the second level review committee in consent of the enrollee, may file a written grievance with writing within 5 business days of the committee’s deci- the plan. sion. (c) The plan’s grievance process shall include the fol- (vi) The plans shall include the basis and clinical lowing standards: rationale for the decision, and the procedures and time frames for the enrollee or the health care provider to file (1) First level review. a request for an external grievance review in its response (i) The first level grievance review shall be performed to the enrollee or health care provider. The decision shall by an initial review committee which shall include one or be sent in a manner so that the plan can document the more individuals selected by the plan. The members of enrollee’s or health care provider’s receipt of the decision. the committee may not have been involved in any prior (3) Same or similar specialty. decision relating to the grievance. (i) Both the initial and second level grievance review (ii) The plan shall permit the enrollee or the health committees shall include a licensed physician or an care provider to provide written data or other material in approved licensed psychologist, in the same or similar support of the grievance. The enrollee or health care specialty as that which would typically manage or consult provider may specify the remedy or corrective action on the health care service in question. being sought. (ii) The physician or approved licensed psychologist, in (iii) The investigation and the review of the grievance the same or similar specialty, need not personally attend shall be completed within 30 days of receipt of the at the review, but shall be included in the hearing, grievance. discussion and decisionmaking by written report, tele- (iv) The plan shall notify the enrollee or the health phone or videoconference. care provider of the decision of the internal review (iii) If the licensed physician or approved licensed committee in writing, within 5 business days of the psychologist, in the same or similar specialty, will not be committee’s decision. The notice shall include the basis present or included by telephone or videoconference at the and clinical rationale for the decision and the procedures review attended by the enrollee or health care provider, and time frame for the enrollee or provider to file a the plan shall notify the enrollee or health care provider request for a second level review of the decision of the of that fact in advance of the review and of the enrollee or initial review committee. health care provider right to request a copy of the report. (2) Second level review. The plan shall provide the enrollee or the health care provider, upon written request, a copy of the report of the (i) The second level review committee reviewing a licensed physician or approved licensed psychologist at grievance appealed to the second level of review shall be least 7 days prior to the review date. made up of 3 or more individuals who did not previously § 9.707. External grievance process. participate in the decision to deny coverage or payment for health care services. The members of the second level (a) The plan shall establish and maintain an external review committee have the duty to be unbiased in their grievance process by which an enrollee, or a health care review and decision. provider with the written consent of the enrollee, may

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 PROPOSED RULEMAKING 6435 appeal the denial of a second level grievance following supply additional information for consideration in the receipt of the second level grievance review decision. external review but shall route it through the plan to the (b) The external grievance process shall adhere to the CRE so that the plan has an opportunity to consider the following standards: additional information. The plan shall expeditiously provide the enrollee’s or health care provider’s information to (1) An enrollee or health care provider shall have 15 the CRE. days from receipt of the second level grievance review decision to file an appeal of the decision with the plan. (c) Within 2 business days of receiving a request for an external grievance review, the Department will assign a (2) Within 5 business days of receiving the external CRE from its list of CREs on a rotation basis and will grievance request, the plan shall notify the Department, provide notice of the assigned CRE to the plan and CRE. the enrollee or health care provider, and a CRE that conducted the internal grievance review that a request for (d) The plan shall notify the enrollee or health care an external grievance review has been filed. provider with the name, telephone number and address of the CRE assigned within 2 business days of its receipt of (3) The plan’s notification to the Department shall that information from the Department. include a request for assignment of a CRE. (e) The Department will make available additional (4) Along with the request, and the information in information from the CRE’s accreditation application to subsection (k), the plan shall provide the Department the plan, the enrollee or health care provider upon with the name, title and phone numbers of both a request. primary and alternative external grievance coordinator. One of these individuals shall be available to the Depart- (f) If the Department fails to select a CRE within 2 ment so that expeditious communication may be had business days of receipt of the external grievance, the regarding the assignment of a CRE both for the purpose plan may designate a CRE to conduct a review from the of performing external grievance reviews and of tracking list of CREs approved by the Department. A CRE affili- the status of the reviews. ated directly or indirectly with the plan may not be (5) The request to the Department shall include the selected by the plan to review the external grievance. following: (g) Either party may have 3 business days from the (i) The enrollee’s name, address and telephone number. date of its receipt of the notice of assignment of the CRE to object to the CRE assigned based on conflict of interest, (ii) If the external grievance is being filed by a health and may request the assignment of another CRE. If the care provider, the health care provider shall provide both plan chooses to object to the CRE, this does not eliminate the name of the enrollee involved, and its own identifying its responsibility to provide the required information to information. the enrollee or health care provider within the time (iii) The name of the plan. frames in this section. (iv) The enrollee’s plan ID number. (h) If a party objects, the Department will assign a (v) A brief description of the issue being appealed. second CRE in accordance with this subsection. The parties may object to the second CRE in accordance with (vi) The remedy being sought. this subsection. (vii) Correspondence from the plan relating to the (i) If either party objects to the second CRE assigned, matter in question. the 60-day time period allowed for the CRE’s review will (viii) Other reasonably necessary supporting documen- be calculated from the date on which the CRE is accepted tation. by both parties. (ix) If the external grievance is being requested by a (j) The Department will assign a uniform tracking health care provider, verification that the plan and the number, which shall be utilized by the plan, CRE, health care provider have both established escrow ac- enrollee and health care provider to communicate with or counts in the amount of half the anticipated cost of the report data to the Department. review. (k) The plan shall authorize a health care service and (6) Within 15 days of receipt of the external grievance, pay a claim determined to be medically necessary and the plan or the CRE that conducted the internal griev- appropriate by the CRE whether or not the plan has ance review shall forward to the CRE the written docu- appealed the CRE’s decision to a court of competent mentation regarding the denial, including the following: jurisdiction. (i) The decision. (l) If the health care provider that filed the external (ii) All reasonably necessary supporting information. grievance is not the prevailing party, the health care provider shall pay the fees and costs associated with the (iii) A summary of applicable issues. external grievance. If the plan is not the prevailing party, (iv) The contractual language supporting the denial the plan shall pay the fees and costs associated with the including the plan’s definition of ‘‘medical necessity’’ used external grievance review regardless of the identity of the in the internal grievance reviews. grievant. For purposes of this section, fees do not include attorney’s fees. (7) Within the same 15-day period as provided by paragraph (6), the plan shall provide the enrollee or the § 9.708. Grievance reviews by CRE. health care provider with its description of the issue, the (a) The assigned CRE shall review and issue a written remedy being sought by the enrollee and the list of decision within 60 days of the filing of the request for an documents being forwarded to the CRE for the external external grievance review request. The decision shall be review. sent to the enrollee, health care provider, plan and the (8) The enrollee or the health care provider, within 15 Department. The decision shall include the basis and days of receipt of notice of appeal sent by the plan, may clinical rationale for the decision.

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(b) The assigned CRE shall review the second level (i) In all cases, the plan will transfer a copy of the case grievance review decision based on whether the health file to the review entity for receipt on the next business care service denied by the internal grievance process is day and the CRE has 2 business days to issue a response. medically necessary and appropriate under the terms of the plan. (j) External expedited review decisions may be appealed to a court of competent jurisdiction. (c) The assigned CRE shall review all information considered by the plan in reaching any prior decision to § 9.710. Approval of plan enrollee complaint and deny coverage for the health care service in question, and enrollee and provider grievance systems. information provided under § 9.707 (relating to external grievance process). (a) The Department will review the plan’s enrollee complaint and grievance systems under its authority to (d) The assigned CRE’s decision shall be made by review the operations of the plan and its quality assur- either of the following: ance systems, and complaint and grievance resolution (1) One or more physicians certified by a board ap- systems, to ensure that they are satisfactory to the proved by the American Board of Medical Specialties or Secretary. the American Board of Osteopathic Specialties, practicing within the same or similar specialty that typically man- (b) If changes are made by the plan in procedure or in ages or recommends treatment for the health care service the description of the enrollee and provider complaint and being reviewed. grievance systems to ensure continued compliance, the (2) One or more licensed physicians or approved li- plan shall submit a copy of the proposed changes to the censed psychologists in active clinical practice or in the Department for prior review. same or similar specialty that typically manages or (c) Complaint and grievance procedures for special recommends treatment for the health care service being populations, such as Medicaid and Medicare HMO enroll- reviewed. ees, shall comply with Act 68 to the extent permitted by (e) In reviewing a grievance decision relating to emer- Federal law and regulation. gency services, the CRE shall utilize the emergency service standards of Act 68 and this chapter, and the § 9.711. Alternative provider dispute resolution sys- definition of ‘‘medical necessity’’ and ‘‘emergency’’ in the tems. enrollee’s certificate of coverage. (a) A plan and a health care provider may agree to an § 9.709. Expedited review. alternative dispute resolution system for the review and (a) A plan shall make an expedited review procedure resolution of disputes between the health care provider available to an enrollee if the enrollee’s life, health or and the plan. These disputes include denials based on ability to regain maximum function would be placed in procedural errors and administrative denials involving jeopardy by delay occasioned by the review process in this the level or types of health care service provided. subchapter. An enrollee may request from the plan an expedited review at any stage of the plan’s review (b) Procedural errors and administrative denials in process. which the enrollee is held harmless by virtue of the provider contract or when the enrollee has never been (b) The plan’s internal expedited review process shall advised by the plan in writing that continued health care be bound by the same rules and procedures as the second services would not be covered benefits, will not be level grievance review process with the exception of time automatically viewed as grievances for the purposes of frames. It is the responsibility of the enrollee or the this subchapter and may be addressed by alternate health care provider to provide information to the plan in dispute systems. an expedited manner to allow the plan to conform to this section. (c) The alternative dispute resolution procedure shall (c) A plan shall conduct an expedited internal review be included in the health care provider contract with the and issue its decision within 48 hours of the enrollee’s plan, and shall be enforceable. The contract shall contain request for an expedited review. a provision that a decision from the alternative dispute resolution system shall be final and binding on both the (d) The notification to the enrollee shall state the basis plan and health care provider. for the decision, including any clinical rationale and the procedure for obtaining an expedited external review. (d) Nothing in this subchapter precludes a plan and its (e) The enrollee has 2 business days from the receipt of participating health care providers from creating and the expedited internal review decision to contact the plan maintaining informal dispute resolution systems aimed at to request an expedited external review. expediting the review and determination of problems (f) Within 1 business day of the enrollee request, the prior to utilization of the formal grievance procedure. plan shall submit a request for an expedited external (e) To be acceptable to the Department, a proposed review to the Department by Fax transmission or tele- alternative dispute solution system shall: phone call. The Department will make information available to the plan to enable the plan to have direct access (1) Be impartial. to a CRE on weekends and State holidays. (g) The case will be referred to an external review (2) Include specific and reasonable time frames in entity and the Department will assign a CRE within 1 which to initiate appeals, receive written information, business day of receiving the request for an expedited conduct hearings and render decisions. review. (3) Provide for final review and determination of pro- (h) When assigning a CRE, the Department will rely vider grievances. on information provided by the CRE as to any affiliations or contractual relationships with plans to avoid conflicts (f) An alternative dispute resolution system may not be of interest. utilized for any external grievance filed by an enrollee.

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Subchapter J. HEALTH CARE PROVIDER persons other than the plan acting on the behalf of CONTRACTS the enrollee for services listed in this agreement. This Sec. provision does not prohibit collecting supplemental 9.721. Applicability. charges or co-payments in accordance with the terms 9.722. Plan and health care provider contracts. of the applicable agreement between the plan and the 9.723. IDS. enrollee.’’ 9.724. HMO-IDS provider contract. 9.725. IDS-provider contracts. (2) Language stating that enrollee records shall be kept § 9.712. Applicability. confidential by the plan and the health care provider in accordance with section 2131 of the act (40 P. S. This subchapter applies to provider contracts between § 991.2131) and applicable State and Federal laws and managed care plans subject to Act 68 and health care regulations, which include: providers; HMOs subject to the HMO Act and IDSs; and IDSs and health care providers. (i) Language permitting the Department, the Insurance § 9.722. Plan and health care provider contracts. Department, and, when necessary, the Department of Public Welfare, access to records for the purpose of (a) A plan shall submit the standard form of each type quality assurance, investigation of complaints or griev- of health care provider contract to the Department for ances, enforcement or other activities related to compli- review and approval prior to implementation. ance with Article XXI, this chapter and other laws of the (b) The plan shall submit any change or amendment to Commonwealth. a health care provider contract to the Department 10 (ii) Language which states that records are only acces- days prior to implementation of the change or amend- sible to Department employes or agents with direct ment. responsibilities under subparagraph (i). (c) To be approved by the Department, a health care (3) Language requiring the health care provider to provider contract may not contain provisions permitting participate in and abide by the decisions of the plan’s the plan to sanction, terminate or fail to renew a health quality assurance, UR and enrollee complaint and griev- care provider’s participation for any of the following ance systems. reasons: (4) Language addressing any alternative dispute reso- (1) Advocating for medically necessary and appropriate lution systems. health care services for an enrollee. (5) Language requiring the health provider to adhere (2) Filing a grievance on behalf of and with the written to State and Federal laws and regulations, including consent of an enrollee, or helping an enrollee to file a State reporting requirements concerning communicable grievance. and noncommunicable diseases and conditions. (3) Protesting a plan decision, policy or practice the (6) Language concerning prompt payment of claims. health care provider believes interferes with its ability to provide medically necessary and appropriate health care. (7) Language requiring that the health care provider give at least 60 days advance written notice to the plan of (4) Taking another action specifically permitted by termination of the provider contract. section 2113 the act (40 P. S. § 991.2113). (d) To be approved by the Department, a health care (f) To be approved by the Department, a health care provider contract may not contain any provision permit- provider contract shall satisfy the following: ting the plan to penalize or restrict a health care provider (1) Include the reimbursement method being used to from discussing any of the information health care provid- reimburse a participating provider under the contract. If ers are permitted to discuss under section 2113 of the act a provider reimbursement is subject to variability due to or other information the health care provider reasonably economic incentives, including bonus incentive systems, believes is necessary to provide to an enrollee full infor- withhold pools or similar systems, the plan shall describe mation concerning the health care of the enrollee. the systems and the factors being employed by the plan (e) To be approved by the Department, a health care to determine reimbursement when the contract is submit- provider contract shall include the following consumer ted to the Department for review. protection provisions: (2) Include no incentive reimbursement system for (1) Enrollee hold harmless language which survives the licensed professional health care providers which shall termination of the health care provider contract regard- weigh utilization performance as a single component more less of the reason for termination, and includes the highly than quality of care, enrollee services and other following: factors collectively. (i) A statement that the hold harmless language is (3) Include no financial incentive that compensates a construed for the benefit of the enrollee. health care provider for providing less than medically necessary and appropriate care to an enrollee. (ii) A statement that the hold harmless language su- persedes any written or oral agreement currently in § 9.723. IDS. existence, or entered into at a later date, between the (a) IDS contracts between the IDS and the HMO and health care provider and enrollee, or persons acting in between the IDS and the health care provider shall meet their behalf. the standards of health care provider contracts in § 9.722 (iii) Language to the following effect: (relating to plan and health care provider contracts). ‘‘In no event including, but not limited to, non- (b) An HMO and an IDS entering into an arrangement payment by the plan, plan insolvency, or a breach of under this subchapter shall notify the Department in this contract, shall the provider bill, charge, collect a writing at least 60 days in advance of any proposed action deposit from, seek compensation or reimbursement which would result in the IDS’s participating providers from, or have any recourse against the enrollee or being unavailable to provide covered services to enrollees,

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6438 PROPOSED RULEMAKING including institution of litigation, termination or IDS shall agree to permit and cooperate with onsite nonrenewal notice by either party. reviews by the Department for purposes of monitoring the § 9.724. HMO-IDS provider contract. effectiveness of the IDS performance of any HMO- delegated functions. (a) An HMO may contract with an IDS for the provision of care by IDS participating health care providers to (7) The IDS shall agree that any delegation of author- HMO enrollees. ity or responsibility, in part or in full, for provider credentialing and relations, quality assessment, UR and (b) To avoid the necessity of renegotiation under sec- other HMO functions to the IDS shall be subject to tion 8(a) of the HMO Act (40 P. S. § 1558(a)), the HMO performance monitoring by the HMO and Department, shall provide a copy of the HMO-IDS contract for review and is subject to independent validation by the HMO, the and approval prior to implementation. Department, or an independent quality review organiza- (c) Along with the HMO-IDS contract, the HMO shall tion or CRE approved by the Department. provide copies of contracts between the IDS and its (8) The IDS shall agree to collect and provide the HMO participating health care providers for the Department’s with utilization, financial and other data for the purposes review and approval. For the Department to approve a of monitoring and comparative performance analysis. contract between the HMO and the IDS, the contract shall meet the following standards: (9) The IDS shall agree to comply with data reporting requirements, including encounter, utilization and reim- (1) An IDS, assuming financial risk from a HMO, is bursement methodology required by the Department. not required to obtain its own license to assume the risk, provided that the ultimate responsibility for provision of (10) The IDS shall obtain and maintain Department care to enrollees remains, as set forth in the enrollee certification as a CRE if performing UR activities in contract, the responsibility of the HMO, unless the IDS Subchapter F (relating to CREs) and sections 2151 and does the following: 2152 of the act (40 P. S. §§ 991.2151 and 991.2152). (i) Solicits or enrolls members in a plan that will (11) The HMO-IDS contract shall contain enrollee fi- deliver prepaid basic health care services. nancial hold-harmless provisions acceptable to the De- partment which prevent the IDS and IDS participating (ii) Delivers prepaid basic health care services to those health care providers from billing HMO enrollees for members. covered services (other than authorized co-payments, co- (2) If a person or entity is delivering prepaid basic insurance or deductibles) under any circumstances includ- health care services to enrollees, but not soliciting or ing insolvency of the HMO or the IDS. enrolling members in a plan, that person or entity is not (12) The HMO-IDS contract shall safeguard patient required to obtain a certificate of authority. If the person access to care and avoid significant disruption of service or entity is delivering prepaid basic health care services delivery by adequately providing for continuation of ser- and performing administrative services or other similar vices by IDS participating health care providers to HMO functions, but not soliciting or enrolling HMO members, enrollees if the HMO-IDS contractual agreement is in any that person or entity is not required to obtain a certificate way jeopardized, suspended, terminated or unexpectedly of authority. not renewed. In the event of termination, the HMO shall (3) The IDS shall acknowledge and agree that under no ensure continuity of care for those affected enrollees, circumstance shall provision of covered services to enroll- under Act 68 and § 9.684 (relating to continuity of care). ees be delayed, reduced, denied or otherwise hindered (13) The HMO-IDS contract shall contain a provision because of the financial or contractual relationship be- allowing either party to terminate without cause upon at tween the HMO and the IDS or between the IDS and the least 60 days prior written notice. participating health care providers. (14) Any delegation of medical management shall meet (4) The IDS shall acknowledge and agree that only the requirements of § 9.675 (relating to delegation of those IDS participating health care providers who meet medical management). the HMO’s credentialing and provider contracting standards may participate and provide services to enrollees § 9.725. IDS-provider contracts. and that the ultimate authority to approve or terminate In addition to the HMO-IDS contract, the health care IDS health care providers is retained by the HMO. provider contracts between the IDS and its participating (5) The IDS shall acknowledge and agree that the health care providers shall be submitted for review and HMO is required to establish, operate and maintain a approval to the Department. To secure Department ap- health care services delivery system, quality assurance proval of a contract between the HMO and the IDS, an system, provider credentialing system, enrollee complaint IDS-health care provider contract shall meet the following and grievance system, and other systems meeting Depart- standards: ment standards and that the HMO is directly accountable (1) The health care provider shall acknowledge and to the Department for compliance with the standards and agree that nothing in the IDS-provider contract limits the for provision of high quality, cost-effective care to HMO following: enrollees. Nothing in the HMO-IDS contract may limit the HMO’s authority or responsibility to meet standards (i) The authority of the HMO to ensure the health care or to take prompt corrective action to address a quality of provider’s participation in and compliance with the care problem, resolve an enrollee complaint or grievance, HMO’s quality assurance, utilization management, en- or to comply with a regulatory requirement of the Depart- rollee complaint and grievance systems and procedures or ment. limits. (6) The IDS shall agree to provide the HMO and the (ii) The Department’s authority to monitor the effec- Department with access to medical and other records tiveness of the HMO’s system and procedures or the concerning the provision of services to enrollees by the extent to which the HMO adequately monitors any IDS through its participating health care providers. The function delegated to the IDS, or to require the HMO to

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 PROPOSED RULEMAKING 6439 take prompt corrective action regarding quality of care or (1) The name, address and telephone number of the consumer grievances and complaints. entity as it should appear on the Department’s official list (iii) The HMO’s authority to sanction or terminate a of certified CREs. health care provider found to be providing inadequate or (2) Information relating to its organization, structure poor quality care or failing to comply with HMO systems, and function, including the following: standards or procedures as agreed to by the IDS. (i) The location of the principal office handling UR. (2) An IDS health care provider shall acknowledge and (ii) The articles of incorporation and bylaws, or similar agree that any delegation by the HMO to the IDS for documents regulating the internal affairs of the applicant. performance of quality assurance, utilization management, credentialing, provider relations and other medical (iii) The name of each owner of more than 5% of the management systems shall be subject to the HMO’s shares of the corporation, if the applicant is a public oversight and monitoring of IDS performance. corporation. (3) An IDS health care provider shall acknowledge and (iv) A chart showing the internal organization of the agree that the HMO, upon failure of the IDS to properly applicant’s management and administrative staff. implement and administer the systems, or to take prompt (3) The names and resumes of each officer, director and corrective action after identifying quality, enrollee satis- senior management. faction or other problems, may terminate its contract with IDS, and that as a result of the termination, the health (4) A listing of each plan in this Commonwealth for care provider’s participation in the HMO may also be which the applicant currently conducts UR. terminated. (5) A description of the applicant’s: (4) The IDS provider contract shall contain enrollee (i) Ability to respond to each telephone call received as financial hold-harmless provisions acceptable to the De- required by section 2152 of the act (40 P. S. § 991.2152), partment which prevent the IDS and an IDS participat- including toll-free telephone numbers and the applicant’s ing health care provider from billing HMO enrollees for system to provide access during nonbusiness hours. covered services (other than authorized co-payments, co- insurance, or deductibles) under any circumstances in- (ii) Acceptable selection and credentialing procedures cluding insolvency of the HMO or the IDS. and criteria for physician and psychologist clinical peer reviewers. Subchapter K. CREs (iii) Ability to arrange for a wide range of health care Sec. providers to conduct reviews. The applicant shall have 9.741. Applicability. 9.742. CREs. access to a pool of clinical peer reviewers sufficient to 9.743. Content of an application for certification as a CRE. reasonably assure that appropriately qualified reviewers 9.744. CREs participating in internal and external grievance reviews. will be available on a timely basis. 9.745. Responsible applicant. 9.746. Fees for certification and recertification of UR entities. (iv) Procedures for protecting the confidentiality of 9.747. Department review and approval of a certification request. medical records and certification that the applicant will 9.748. Maintenance and renewal of CRE certification. comply with the confidentiality provisions in section 2131 § 9.741. Applicability. of the act (40 P. S. § 991.2131) and other applicable State This subchapter sets standards for the certification of and Federal laws and regulations imposing confidentiality CREs and the maintenance of that certification. requirements. (v) Procedures to ensure that a health care provider is § 9.742. CREs. able to verify that an individual requesting information (a) To conduct UR activities, including review of health on behalf of the plan is a representative of the plan. care services delivered or proposed to be delivered in this (vi) Capacity to maintain a written record of UR Commonwealth for or on behalf of a plan, an entity shall decisions adverse to enrollees for at least 3 years, includ- be certified as a CRE by the Department. ing a detailed justification and the required notifications (b) Certification shall be renewed every 3 years unless to the health care provider and enrollee. otherwise subjected to additional review, suspended or (vii) Evidence of approval, certification or accreditation revoked by the Department. The Department may subject received by a Nationally recognized accrediting body in a CRE to additional review, suspend or revoke certifica- the area of UR, if it has secured the approval, certification if it determines that the CRE is failing to comply tion or accreditation. with Act 68 and this chapter. (viii) The length of time the applicant has been operat- (c) A licensed insurer or a plan with a certificate of ing in this Commonwealth, if applicable. authority shall comply with section 2152 of the act (40 P. S. § 991.2152), but is not required to obtain separate (ix) A list of three clients for which the applicant has certification as a CRE. conducted UR including the name, address, position and telephone number of a contact person for each client. The § 9.743. Content of an application for certification Department may contact these references for an assess- as a CRE. ment of the applicant’s past performance and its ability to (a) A CRE seeking certification shall submit two copies meet the timeframes for prospective, concurrent and of the Department’s application to the Department’s retrospective UR in section 2152 of the act. Bureau of Managed Care. (d) The applicant shall certify that: (b) The Department may make changes to the applica- (1) Decisions resulting in a denial shall be made by a tion form. The changes shall be published in the Pennsyl- licensed physician in a same or similar specialty to the vania Bulletin at least 30 days prior to the effective date health care provider of the service in question. of the changes. (2) An approved licensed psychologist in a same or (c) The application shall contain the following: similar specialty to the health care provider of the service

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 6440 PROPOSED RULEMAKING in question, if the review is of behavioral health services (i) The CRE is willing and able to participate on a within the psychologist’s scope of practice, and the psy- rotational basis in grievance reviews. chologist’s clinical experience provides sufficient experi- (ii) Internal and external grievances and expedited ence to review that specific behavioral health car service. grievances will be reviewed and processed in accordance A licensed psychologist may not review the denial of with Act 68 and Subchapter F (relating to complaints and payment for a health care service involving inpatient care grievances). or a prescription drug. (b) The Department will add the name of each certified (3) Compensation from a plan to a CRE, employe, CRE to its rotational list of CREs certified to conduct consultant or other person performing UR on its behalf external grievances. does not contain incentives, direct or indirect, to approve or deny payment for the delivery of any health care § 9.745. Responsible applicant. service. (a) To be certified by the Department, an applicant for § 9.744. CREs participating in internal and external certification to perform UR seeking certification shall be a grievance reviews. responsible person. (a) To be certified to review internal and external (1) To make this determination, the Department may grievances, the applicant shall supply the following addi- review and verify the credentials of any officer, director or tional information to the Department for review, along member of the management staff of the applicant. with the application: (2) The Department may consider whether any of the (1) The name and type of business of each corporation, officers, directors or management personnel have ever: affiliate or other organization that the applicant controls; (i) Filed for bankruptcy. the nature and extent of the affiliation or control; and a chart or list clearly identifying the relationship between (ii) Been convicted of a state or Federal offense related the applicant and affiliates. to health care. (2) The name, title, address and telephone number of a (iii) Been listed by a state or Federal agency as primary and at least one backup designee with whom the debarred, excluded or otherwise ineligible for state or Department may communicate regarding assignment of Federal program participation. external grievances and other issues. (iv) Been convicted of a criminal offense which would (3) A disclosure of any potential conflict of interest call in to question the individual’s ability to operate a which would preclude its review of an external griev- CRE. ance—for example, ownership of or affiliation with a (v) Have a history of malpractice or civil suits, penal- competing plan or other health insurance company. ties or judgments against them. (4) A description of the applicant’s: (b) To be determined a responsible person, an applicant (i) Capacity and procedures for notifying the health shall demonstrate to the Department that it has the care provider of additional facts or documents required to ability to perform URs and grievance reviews based on complete the UR within 48 hours of receipt of the request medical necessity and appropriateness, without bias. for review. § 9.746. Fees for certification and recertification of (ii) Systems and procedures, including staffing and CREs. resources, to meet the time frames for decisions as (a) A CRE applying for certification shall include a fee specified in section 2152 of the act (40 P. S. § 991.2152). of $1,000 payable to the Commonwealth of Pennsylvania The applicant shall have access to a pool of clinical peer with its application. Applicants seeking certification for reviewers sufficient to reasonably assure that appropri- external grievance reviews shall include an additional ately qualified reviewers will be available on a timely $1,000. By (Editor’s Note: The blank refers to basis for internal and external grievance reviews. the effective date of adoption of this proposal.) each CRE (iii) Capability and agreement to receive and decide all that is already certified by the Department shall pay the external grievances, or just behavioral health grievances fee to the Department. if so desired, and the process for ensuring that clinical (b) The fee for recertification is $500. peer reviewers, when making an external appeal determination concerning medical necessity, consider the clinical § 9.747. Department review and approval of a certi- standards of the health care plan, the information pro- fication request. vided concerning the enrollee, the attending physician’s (a) The Department will review the application for recommendation and applicable generally accepted prac- certification as a CRE. If the Department finds deficien- tice guidelines developed by the Federal government, cies, it will notify the applicant, identifying the changes National or professional medical societies, boards and required to bring the applicant into compliance. associations. (b) The Department will have access to the applicant’s (iv) The capacity, procedures and agreement to main- books, records, staff, facilities and other information it tain the information obtained in the review of the griev- finds necessary to determine an applicant’s compliance ances, including outcomes, for at least 3 years in a with Act 68 and this subchapter. In lieu of a site visit and manner that is confidential and unavailable to any inspection, the Department may accept accreditation of affiliated entity or person who may be a direct or indirect the applicant by a Nationally recognized accrediting body competitor to the plan being reviewed. whose standards meet or exceed the standards of Act 68 (v) A fee schedule for the conduct of grievance reviews. and this subchapter. An applicant will not be certified as CRE unless the (c) If the applicant is not accredited by a Nationally proposed fees for external reviews are determined to be recognized accrediting body whose standards are accept- reasonable by the Department. able to the Department, the Department may provide the (5) A certification that the following conditions apply: applicant with the option to undergo an onsite inspection

PENNSYLVANIA BULLETIN, VOL. 29, NO. 51, DECEMBER 18, 1999 PROPOSED RULEMAKING 6441 by a Nationally recognized accrediting body whose stan- (2) Recredentialing at least every 2 years. dards meet or exceed the standards of Act 68 and this (3) Including in the initial credentialing and subchapter. The cost of the inspection shall be borne by recredentialing process, a plan assessment of the partici- the applicant. pating health care providers’ ability to provide urgent § 9.748. Maintenance and renewal of CRE certifica- care appointments, routine appointments and routine tion. physical examinations to enrolled patients, and their (a) Maintenance. To determine whether a CRE is com- ability to enroll additional patients in the practice in plying with Act 68 and this subchapter, and maintaining accordance with standards adopted by the plan. its certification during the 3-year certification period, the (4) Inclusion of enrollee satisfaction and quality assur- Department may do one or more of the following: ance data in the recredentialing review. (1) Perform periodic onsite inspections. (5) Restrictions or limitations. (2) Require proof of the CRE’s continuing accreditation (6) Termination of a health care provider’s participa- by a Nationally recognized accrediting body whose stan- tion. dards meet or exceed the standards of Act 68 and this (7) In cases of denial or nonrenewals, notification to subchapter. health care providers that includes a clear rationale for (3) Require an onsite inspection as set forth in § 9.747 the decision. (relating to Department review and approval of a certifi- (8) Evaluating credentials of health care providers who cation request). may be directly accessed for obstetrical and gynecological (b) Renewal. care. (1) A CRE shall submit an application for renewal of (9) Evaluating credentials for specialists who are being certification to the Department along with the appropri- requested to serve as primary care providers, including ate renewal fee at least 60 days prior to the expiration of standing referral situations, to ensure that access to the 3-year certification period. primary health care services remain available throughout (2) The renewal application shall include the following: the arrangement. (i) Evidence of the CRE’s continued accreditation by a (b) The plan shall submit its credentialing plan to the Nationally recognized accrediting body whose standards Department prior to implementation. Changes to the meet or exceed the standards of Act 68 and this credentialing plan shall also be submitted to the Depart- subchapter. ment prior to implementation. (ii) A certification that the CRE has complied with and (c) A plan may meet the requirements of this section by will continue to comply with Act 68 and this subchapter. establishing a credentialing system that meets or exceeds standards of a Nationally recognized accrediting body (iii) An updating of the CRE’s originally filed list of acceptable to the Department. The Department will pub- conflicts of interest and CRE contracts with plans. lish a list of these bodies annually in the Pennsylvania (iv) A reaffirmation of certifications included in the Bulletin. CRE’s original application. (d) A plan may not require full credentialing of nonpar- (3) The Department may perform an onsite inspection ticipating health care providers providing health care at the CRE before approving renewal of certification, or services to new enrollees under the continuity of care may require an onsite inspection set forth in § 9.747. provision. A plan may require verification of basic credentials such as licensure, malpractice insurance, hospital Subchapter L. CREDENTIALING privileges and malpractice history as basic terms and Sec. conditions. 9.761. Provider credentialing. (e) Upon written request, a plan shall disclose relevant § 9.761. Provider credentialing. credentialing criteria and procedures to health care pro- (a) A plan shall establish and maintain a health care viders that apply to become participating providers or provider credentialing system to evaluate and enroll who are already participating. qualified health care providers for the purpose of creating (f) A plan shall comply with section 2121 of the act (40 an adequate health care provider network. The P. S. § 991.2121). credentialing system shall include policies and procedures [Pa.B. Doc. No. 99-2161. Filed for public inspection December 17, 1999, 9:00 a.m.] for the following: (1) Initial credentialing.

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